Stand of Defendant Irrelevant When Court Is Dealing With Application under Order VII Rule 11 of CPC
Case: Puja Aggarwal V. Pravesh Narula
Coram: Justice Asha Menon
Case No.: CM(M)-IPD 1/2022, CM APPL. 4146/2022
Court Observation: “When the court is dealing with an application under Order VII Rule 11 CPC, it is required to look at the averments in the plaint and plaint alone. The documents filed alongwith the plaint can also be considered. However, the stand of the defendant is irrelevant.”
“Thus, the Trial Court would be justified in putting an end to vexatious, frivolous, meaningless and sham litigation. But this power may be exercised only where the plaint clearly discloses no cause of action or any of the other grounds contained in Order VII Rule 11 CPC are made out and not otherwise. This is so as the consequences of such exercise of power are immediate and decisive and shuts the door of the court firmly upon a plaintiff who ostensibly approached it for legal remedy,”
“When the pleas raised by the petitioner/defendant to repel the claims of the respondent/plaintiff cannot be considered at this stage, the learned Trial Court was right in observing that the questions raised by the petitioner/defendant being one of facts, would require trial. An appropriate issue regarding the existence and non-existence of the cause of action, amongst other issues can also be framed to be disposed of together, after evidence is recorded,”
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