[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint
Case: Hema Gusain V. India International Centre And Ors.
Coram: Justice Amit Bansal
Case No.: CS(OS) 251/2020
Court Observation: “…. taking into account that the previous suit was not decided on merits, but was withdrawn by the plaintiff, the plea of res judicata would be beyond the scope of Order VII Rule 11(d) of the CPC. Therefore, I do not find any merit in the submission of the defendant no.1 that the present suit is not be maintainable.”
“In view of the aforesaid averments made in the plaint, I do not think this is a fit case to exercise jurisdiction under Order VII Rule 11 of the CPC to reject the claim,”
“So, the plaint cannot be rejected on the basis that the quantum of damages claimed in the plaint cannot be granted,”
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