Defectively Pleaded Cause Of Action Not Ground For Rejection Of Plaint Under Order VII Rule 11: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently reiterated the difference between non-disclosure of cause of action and defective cause of action. It clarified that while the former comes within the scope of Order 7 Rule 11, the latter is to be decided during the trial of the suit. Justice Javed Iqbal Wani was hearing an appeal directed against the order of Principal...
The Jammu and Kashmir and Ladakh High Court recently reiterated the difference between non-disclosure of cause of action and defective cause of action. It clarified that while the former comes within the scope of Order 7 Rule 11, the latter is to be decided during the trial of the suit.
Justice Javed Iqbal Wani was hearing an appeal directed against the order of Principal District Judge whereby the Appellant's plaint was rejected on the ground that it raises "conflicting stands" with regard to suit property as on one hand plaintiff claimed to be owner and on the other hand he sought to exercise the right of prior purchase.
Both these rights cannot co-exist being contrary; the cause of action therefore, has been defectively pleaded, as such, the plaint as a whole deserves to be rejected, the trial Court had said.
The appellant contended that whether a plaint discloses a cause of action is a question of fact and the mere fact that plaintiff may not succeed in the suit cannot be a ground of rejection of plaint.
Adjudicating upon the matter, Justice Wani relied upon Supreme Court's judgement in Jageshwari Devi and Ors. Vs. Shatrughan Ram, where it was categorically held that there is difference between non-disclosure of cause of action and defective cause of action, while the former comes within the scope of Order 7 Rule 11, the latter is to be decided during the trial of the suit.
Applying the position of law in vogue to the matter at hand, the bench observed that the trial court misdirected itself while considering the provisions of Order VII Rule 11. It observed,
"the settled principles law laid down by the Apex court for rejection of plaint and also as envisaged under Order VII Rule 11 clause (a) has been that a plaint shall be rejected where it does not disclose a cause of action. No ground like the one defectively pleaded cause of action has been either provided in order VII Rule 11 CPC or else in any of the pronouncements of the Apex court (supra) for rejection of the plaint."
Accordingly, the bench allowed the instant appeal and remanded the matter back to the Trial Court with a direction to re-visit and reconsider the Respondent's application in accordance with law.
Case Title : Hafiza Begum & Ors Vs Shams Din Bhat & Ors.
Citation : 2022 LiveLaw (JKL) 221