Last Updated on December 4, 2023 by News Desk
On 30th November, SC had held that under order 7 rule 11, at the stage of rejection of the plaint no number of merits, as well as evidence of a particular controversy, could be examined at this stage.
Issue: – An appeal was filed against the impugned order which was passed by the Allahabad HC while exercising its review jurisdiction.
Analysis and Conclusion:- The bench comprised of Justices Vikram Nath and Rajesh Bindal.
They held the opinion that for involving clause d) of 07 rule 11, the averments of the plaint are important, and nothing must be added or subtracted from the same.
At this stage, no evidence as well as the merit of the issues must be looked upon.
The court observed that the remedy which is provided under order 7 rule 11 is an independent and special remedy, wherein the court has been granted the power to summarily dismiss the suit, if it is satisfied so, without proceeding to record the evidence or conducting the trial.
Case Title:- Case Title: ELDECO HOUSING AND INDUSTRIES LIMITED v. ASHOK VIDYARTHI AND OTHERS., SPECIAL LEAVE PETITION (C) NO. 19465 OF 2021: 2023 LiveLaw
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
