Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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The Hon'ble Supreme Court held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.). It may be noted that this order provides the grounds on which the Court shall reject a plaint.
Apart from this, the decision in Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra), dead, through legal representatives and others, (2020) , was also referred. Therein, the Court, among other findings, also observed:
“The remedy under Order 7 Rule 11 is an independent and special remedy, wherein the court is empowered to summarily dismiss a suit at the threshold, without proceeding to record evidence, and conducting a trial, on the basis of the evidence adduced, if it is satisfied that the action should be terminated on any of the grounds contained in this provision.”
Refer:-
Clause (d) of Order VII Rule 11 C.P.C.1908, provides for the rejection of a plaint when "the suit appears from the statement in the plaint to be barred by any law."
Case Title: ELDECO HOUSING AND INDUSTRIES LIMITED v. ASHOK VIDYARTHI AND OTHERS.(2023 SC) (2JB)
Hon'ble Vikram Nath
Hon'ble Rajesh Bindal
