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Frost International Limited – Appellant
Versus
Milan Developers and Builders (P) Limited – Respondent
JUDGMENT :
Nagarathna, J.
1. This appeal is preferred by defendant no.1 in C.S. No.1065 of 2009 filed before the Court of Civil Judge (Senior Division) Bhubaneswar, by assailing order dated 19th January, 2016 passed by the High Court of Orissa at Cuttack in WP(C) No.7059 of 2013. By the said order, the application filed by the appellant herein/defendant no.1 under Order VII Rule 11 of the Code of Civil Procedure 1908 (for short, the ‘CPC’) has been ordered to be reconsidered by the District Court at Khurda, Bhubaneswar (revisional court) by restoring C.R.P. No.5 of 2012 filed by the defendant no.1 herein. The said revision was filed by defendant no.1 being aggrieved by the dismissal of the said application being C.S. No.1065 of 2009 by the trial court, namely, the Court of Civil Judge (Senior Division), Bhubaneswar, praying for rejection of the plaint under Order VII Rule 11 of the CPC.
2. For the sake of convenience, the parties herein shall be referred to in terms of their rank and status before the trial court.
3. Briefly stated, the facts of the case are that, respondent no.1 herein/plaintiff had filed a suit against the appellant herein/defendant no.1 and respondent no.2 herein/de
(1) Rejection of plaint – No plaintiff can be permitted to seek relief in a suit which would frustrate defendants from initiating a prosecution against plaintiff or seeking any other remedy available....
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
The proviso of Order 7, Rule 11 evidently covers the cases falling within the ambit of clauses (b) and (c) and has no application to a rejection of a plaint under Order 7 Rule 11(d).
The main legal point established in the judgment is the limited scope of judicial inquiry at the application stage under Order VII Rule 11 of the CPC and the interpretation of the grounds for rejecti....
The court emphasized that the scope of judicial inquiry under Order VII Rule 11 of the CPC is limited to examining the averments made in the plaint and that issues requiring analysis of evidence cann....
The Court emphasized that the provision under Order VII Rule 11 of the CPC provides for the rejection of a plaint based on limited grounds, and issues requiring analysis of evidence or constituting t....
A plaint must be rejected as a whole if it does not disclose a cause of action against any defendant; it cannot be partially rejected.
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