Order VII Rule 11 CPC - Plaint To Be Rejected If It Is Vexatious, Illusory Cause Of Action And Barred By Limitation : Supreme Court

The Supreme Court observed that a plaint should be rejected under Order VII Rule XI(a) and (d) of CPC if it is vexatious, illusory cause of action and barred by limitation.

In this case, the defendant filed an application seeking rejection of plaint contending that the suit was clearly barred by limitation and therefore, the plaint ought to have been rejected under Order VII Rule XI(d) of the CPC. The Trial Court dismissed the said application and the said order was upheld by the High Court.

In appeal before the Apex Court, the defendant contended that the suit was barred by limitation as the same was instituted 61 years after the execution of partition deed dated 11.03.1953 and that by clever drafting the plaintiffs have tried to bring the suit within the law of limitation, which is otherwise barred by limitation. The plaintiffs contended that in the application under Order VII Rule XI and the prayer for rejection of the plaint, only averments of plaint are material and can be taken into consideration and any evidence or averments made in the written statement cannot be considered.

Taking note of the factual aspects, the Apex Court bench of Justices MR Shah and CT Ravikumar noted that the plaintiffs have instituted the suit with the prayers which is nothing but a clever drafting to get out of the limitation. If partition deed dated 11.03.1953 was to be challenged which as such, the plaintiffs are attempting to do virtually, the suit would be hopelessly barred by limitation having being instituted after lapse of 61 years from the partition deed, the court noted.

"There cannot be any dispute with respect to the proposition of law laid down by this Court that while deciding the application under Order VII Rule XI, mainly the averments in the plaint only are required to be considered and not the averments in the written statement. However, on considering the averments in the plaint as they are, we are of the opinion that the plaint is ought to have been rejected being vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting.", the court observed while allowing the appeal.

Case details

Ramisetty Venkatanna vs Nasyam Jamal Saheb | 2023 LiveLaw (SC) 372 | CA 2717 OF 2023 | 28 April 2023 | Justices MR Shah and CT Ravikumar

Headnotes

Code of Civil Procedure, 1908 ; Order VII Rule 11 - Rejection of plaint - While deciding the application under Order VII Rule XI, mainly the averments in the plaint only are required to be considered and not the averments in the written statement - Plaint is ought to be rejected when it is vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting. (Para 5-8)

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