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Checking relevance for Sejal Glass Ltd. VS Navilan Merchants Pvt. Ltd. ...
Sejal Glass Ltd. VS Navilan Merchants Pvt. Ltd. - 2017 0 Supreme(SC) 1029 : Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint can only be rejected if the entire plaint, as a whole, does not disclose a cause of action. The rejection cannot be partial; it cannot be invoked to reject the plaint against certain defendants while allowing it against others. If the plaint survives against any defendant or property, Order VII Rule 11 does not apply. This principle was affirmed by the court, which set aside a judgment that had bifurcated the plaint and rejected it only against the Directors, holding that such partial rejection is impermissible under the rule. The court cited precedents supporting the doctrine that the plaint as a whole must be examined, and rejection under Order VII Rule 11 is not available when the plaint discloses a cause of action against at least one party.Checking relevance for Mukund Bhavan Trust VS Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle...
Mukund Bhavan Trust VS Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle - 2025 2 Supreme 656 : The grounds for rejection of a plaint under Order VII Rule 11(d) of the Civil Procedure Code, 1908 include when the plaint is barred by limitation. A plaint can be rejected if, on the face of the pleadings and documents annexed thereto, the claim is hopelessly barred by limitation. In such cases, the court may reject the plaint at the threshold without proceeding to trial, especially when it is glaring from the averments in the plaint that the suit is barred by limitation. The court emphasized that the spirit of Order VII Rule 11(d) is to nip litigation in the bud when it appears to be a clear abuse of process. Limitation is a mixed question of fact and law, but when the bar of limitation is evident from the plaint itself, courts should not hesitate to reject the plaint. The court also held that the plaintiff must produce documentary evidence to support claims of ownership, and reliance on government resolutions that have lost their force due to final decrees or compromise decrees is insufficient. Additionally, a document referred to in the plaint that forms the basis of the claim must be treated as part of the plaint, and the court cannot consider the written statement or documents filed by the defendant at this stage. Landmark principles established include that the test for exercising power under Order VII Rule 11 is whether, taking the averments in the plaint and the documents relied upon together, a decree would result. The rejection of a plaint on limitation grounds is permissible when the cause of action is found to be a creation of fiction.Checking relevance for Salim D. Agboatwala VS Shamalji Oddhavji Thakkar...
Salim D. Agboatwala VS Shamalji Oddhavji Thakkar - 2021 6 Supreme 252 : The grounds for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, are stringent, particularly when based on limitation. Rejection at the threshold is a drastic power and should not be exercised lightly. A plea regarding the date on which the plaintiff gained knowledge of essential facts giving rise to a cause of action must be accepted at the stage of considering an application under Order VII Rule 11, as it determines whether the suit is barred by limitation. Such a plea becomes a triable issue and cannot be decided at the threshold. The defendant cannot rely on a plea of constructive notice—especially if it is a subsequent invention raised solely to sustain a limitation defense—when challenging the plaint under Order VII Rule 11. Additionally, if the rejection involves a legal issue going to the root of the matter (e.g., whether a civil court’s jurisdiction has been ousted), the plaint cannot be rejected under Order VII Rule 11(d) without proper adjudication. Landmark principles established include: (1) Rejection under Order VII Rule 11 is a drastic power to terminate a suit at the threshold; (2) The court must not accept speculative or post-hoc pleas of constructive notice; (3) Issues involving fraud, collusion, or jurisdictional questions must be decided on merits, not dismissed at the plaint stage.Checking relevance for Indian Evangelical Lutheran Church Trust Association VS Bala...
Indian Evangelical Lutheran Church Trust Association VS Bala - 2025 1 Supreme 297 : The grounds for rejection of a plaint under Order VII Rule 11(d) of the Civil Procedure Code, 1908, include when the suit is barred by law of limitation. A plaint may be rejected if it is filed beyond the period prescribed by the Limitation Act, 1963. However, rejection of an earlier suit under Order VII Rule 11 does not bar a fresh suit on the same cause of action provided the right of action is not barred by limitation. The court must read the plaint holistically, including documents annexed to it, to determine whether the suit is maintainable. In cases involving specific performance of a contract, Article 54 of the Limitation Act applies, but its applicability depends on the facts and circumstances of the case. If the right to sue has accrued and the suit is filed within the limitation period, it is maintainable even after prior rejection of a plaint. The court also has power under Section 149 of the CPC to accept payment of deficit court fee even beyond the limitation period if the plaint is otherwise filed within time. Landmark principles established include that limitation is procedural (adjective) law, not substantive, and does not extinguish the right itself—only the remedy. Time begins to run only when a complete cause of action arises, and once started, it continues unless interrupted by legal proceedings or nullification of prior satisfaction.Checking relevance for SAYYED AYAZ ALI VS PRAKASH G. GOYAL...
SAYYED AYAZ ALI VS PRAKASH G. GOYAL - 2022 3 Supreme 457 : The grounds for rejection of a plaint under Order 7, Rule 11 of the Code of Civil Procedure, 1908 are: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court; (c) where the plaint is returned upon paper insufficiently stamped and the plaintiff fails to supply requisite stamp-paper within the time fixed; (d) where the suit appears from the statement in the plaint to be barred by any law; (e) where it is not filed in duplicate; and (f) where the plaintiff fails to comply with the provisions of Rule 9. The rejection of a plaint under Rule 11(d) (barred by law) does not permit amendment or liberty to seek proper relief, as the proviso to Rule 11 applies only to clauses (b) and (c), not (d). This principle was affirmed in the landmark judgment that held the order rejecting the plaint under Rule 11(d) operates as a decree and is appealable under Section 96 of the CPC, and that a writ petition challenging such rejection is maintainable only if not an ''''afterthought'''' or belated. The High Court''''s decision in this case reaffirmed that when a plaint is rejected under Rule 11(d), no direction for amendment can be given, and the remedy lies in first appeal.
