Order VII Rule 11 CPC - Appropriateness Of Prayer Sought Is Not An Issue To Be Considered While Deciding Application Seeking Rejection Of Plaint: Supreme Court

The Supreme Court observed that appropriateness of prayer sought is not an issue that should be considered while deciding an application seeking rejection of plaint under Order VII Rule 11 of Code of Civil Procedure.

In this case, the defendants filed the application seeking rejection of the plaint on the ground that the plaintiff had not sought for an appropriate prayer to declare the sale deeds as illegal, null and void and no court fee in that regard was paid. The Trial Court dismissed the application. Allowing the revision petition, the High Court rejected the plaint. 

In appeal, the Apex Court noted that the prayer, as made had been valued and the court fee has been paid.

"Whether an appropriate prayer should have sought, is a matter ultimately to be decided in the suit and not an issue to be considered while deciding the application under Order VII Rule 11 of CPC, in the manner in which it had been done in the facts and circumstances arising in the instant case. Therefore, to that extent, we are of the opinion that the High court was not justified.", the bench of Justices A S Bopanna and M M Sundresh observed.

Allowing the appeal, the court said that the contentions taken by the defendant in the Order VII Rule 11 application, is open to be taken up in the written statement. The Trial Court will frame appropriate issues in that regard and all contentions are left open for the parties to be urged in that regard, the court added.

Case details

Sajjan Singh vs Jasvir Kaur | 2023 LiveLaw (SC) 517 | CA 4221 of 2023

Headnotes

Code of Civil Procedure, 1908 ; Order VII Rule 11 - Whether an appropriate prayer should have sought, is a matter ultimately to be decided in the suit and not an issue to be considered while deciding the application under Order VII Rule 11 of CPC. (Para 5)

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