๐๐ฎ๐ข๐ญ ๐๐๐ง๐ง๐จ๐ญ ๐๐ ๐๐๐ฃ๐๐๐ญ๐๐ ๐ข๐ง ๐๐๐ซ๐ญ๐ฌ ๐จ๐ซ ๐๐ข๐๐๐๐ฆ๐๐๐ฅ ๐ฎ๐ง๐๐๐ซ ๐๐ซ๐๐๐ซ ๐ ๐๐ฎ๐ฅ๐ ๐๐ ๐จ๐ ๐๐๐:
A two-member bench, headed by Honorable Justice Muhammad Ali Mazhar, has given an elucidative judgment on Order 7 Rule 11 of the Code of Civil Procedure, 1908, which clears one’s mind regarding the niceties and nitty gritties of the said Order and Rule. The Court has laid down certain guiding principles for deciding an application filed under Order 7 Rule 11 which are not numbered and specifically mentioned in the judgment, but they are found in different parts of the judgment. The same grounds have been collected for ease of reading and understanding as under:
The Court held that the plaint should either be entertained or rejected as a whole under Order 7 Rule 11. But it cannot be in any case partially entertained and partially rejected under the said Order. Piecemeal rejection is not the true reflection of the said Order.
The Court further held that the rule is presumption of truth about the contents of the plaint while deciding an application of Order 7 Rule 11.
It was further held that mere pleas and contentions without evidence in the written statement cannot be taken into account for adjudication of the application. However, the court may consider the averments of a written statement in exceptional cases.
A clear and unambiguous cause of action must be shown. Unique drafting which creates illusion of cause of action should not become bases for escape from the grounds of Order 7 Rule 11.
If there are several parties and the plaint discloses cause of action against one or more of them or there are multiple prayers and one or more prayers are competent, still the suit must be considered maintainable and it cannot be rejected under Order 7 Rule 11.
The courts before rejecting the plaint under the said Order must see whether proceeding with the suit would amount to waste of time of the court and whether it is absolutely frivolous and vexatious.
Application under Order 7 Rule 11 can be decided at any stage of the case.
These are some grounds and points which ought to be looked into before deciding an application under Order 7 Rule 11 of CPC.ย The court has further explained some of the sections of the Specific Relief Act as well which explanation is also worth a read.
c.p._49_k_2022
