LI Network
Published on: 19 April 2023 at 15:08 IST
Supreme Court clarified that a plaint cannot be rejected under Order VII Rule 11 CPC merely because there are some inconsistent averments in the plaint.
Supreme Court said, When dealing with an application under Rule 11 of Order VII of the Code of Civil Procedure, only the allegations made in the plaint and the documents submitted with the plaint are required to be reviewed.
The defendant’s defense cannot even be considered. If the ground cited for the rejection of the plaint is the absence of a cause of action, the court must examine the plaint and determine if a cause of action has been stated in the plaint.
The mere presence of conflicting allegations in the plaint is insufficient to conclude that the cause of action has not been stated in the plaint. The key question is whether the plaint reveals a cause of action.
G. NAGARAJ vs. B.P. MRUTHUNJAYANNA C.A. No.-002737-002737 – 2023