Order 7 Rule 11 of Code of Civil Procedure, 1908 : Supreme Court Explains the Effect
An important Judgment was passed by Hon'ble Supreme Court on 3 July 2012.
In context of Order VII Rule 11 of Code of Civil Procedure, 1908, it has been commented in Church of Christ Charitable Trust & Educational Charitable Society v. Ponniamman Educational Trust [2012] GCtR 3046 (SC) thus : -
"It is clear that if the allegations are vexatious and meritless and not disclosing a clear right or material(s) to sue, it is the duty of the trial Judge to exercise his power under Order 7 Rule 11."
"While scrutinising the plaint averments, it is the bounden duty of the trial court to ascertain the materials for cause of action. The cause of action is a bundle of facts which taken with the law applicable to them gives the plaintiff the right to relief against the defendant. Every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms....... A cause of action must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/daily-order
Then entering the date of Judgment, for example, as 3 July 2012.
Written by
Vishal
Delhi
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