Vels Law Chambers Latest Judgments If the plaint discloses a cause of action, the plaint shall not be rejected

If the plaint discloses a cause of action, the plaint shall not be rejected

'Environmental Law Practice Guide'

In an application under Order VII Rule 11 of the CPC,  the true test is first to read the plaint meaningfully and as a whole, taking it to be true. Upon such reading, if the plaint discloses a cause of action, then the application under Order VII Rule 11 of the CPC must fail. To put it negatively, where it does not disclose a cause of action, the plaint shall be rejected. In an application under Order VII Rule 11, CPC a plaint cannot be rejected in part.

https://main.sci.gov.in/supremecourt/2016/6007/6007_2016_7_1501_47933_Judgement_31-Oct-2023.pdf

IN THE SUPREME COURT OF INDIA

CIVIL APPEAL No. 7413 of 2023

(Arising out of S.L.P. (C) No. 8147 of 2016)

KUM. GEETHA, D/O LATE KRISHNA & ORS. ….APPELLANT(S)

VERSUS

NANJUNDASWAMY & ORS. …RESPONDENT(S)

@ Vels Law Chambers.

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Post