Order VII Rule 11 CPC - Only Plaint Averments Can Be Examined While Considering Application For Rejection Of Plaint: Supreme Court

The averments in the plaint alone are to be examined while considering an application under Order 7 Rule 11 of the Code of Civil Procedure.

No other extraneous factor can be taken into consideration, the bench of Justices Hemant Gupta and Vikram Nath observed. 

In this case, the High Court of Karnataka had allowed a revision petition filed by the defendant and rejected the plaint in terms of Order 7 Rule 11(a) and (b) of the Code. The plaintiff had pleaded that the sale deeds were executed on the basis of alleged fabricated General Power of Attorney.

While allowing the appeal, the bench observed:

"It is well-settled that while considering an application under Order 7 Rule 11 of the Code, the averments in the plaint alone are to be examined and no other extraneous factor can be taken into consideration.", the court said.

The bench noted that the plaint has raised disputed question of fact as to whether the Agreement to Sell, the Power of Attorney and the Sale Deeds are forged and fabricated documents. Such questions are required to be decided on the basis of evidence to be led by the parties. We do find that the forgery pleaded cannot be a ground for rejection of the plaint, the court added.

Observing thus, the court allowed the appeal and restored the suit.

Case details

HS Deekshit vs Metropoli Overseas Limited | 2022 LiveLaw (SC) 703 | SLP(C) 2177/2022 | 16 August 2022 | Justices Hemant Gupta and Vikram Nath

Counsel: AOR T. R. B. Sivakumar for petitioner, Sr. Adv Parbhu Patial, AOR Devashish Bharuka, Adv Sharshree and AOR Ravi Bharuka for respondents

Headnotes

Code of Civil Procedure, 1908 ; Order VII Rule 11 -  Averments in the plaint alone are to be examined while considering an application for rejection of plaint - No other extraneous factor can be taken into consideration.

Click here to Read/Download Order