Order 7 Rule 11(a) of Code of Civil Procedure, 1908 : Supreme Court Clarifies the Position

Order 7 Rule 11(a) of Code of Civil Procedure, 1908 : Supreme Court Clarifies the Position

An important Judgment was passed by Hon'ble Supreme Court on 20 November 2003.

Order VII Rule 11(a) deals with cause of action and when can plaint be rejected. But, Order VII Rule 13 permits a fresh plaint. Order VII Rule 3 is about immovable property. 

In the context of Code of Civil Procedure, 1908, in Liverpool & London S.P. & I Association Ltd. Vs. M.V. Sea Success I & Another [2003] GCtR 3014 (SC) it was held that when no cause of action is disclosed, the courts will not unnecessarily protract the hearing of suit; the court should interpret the provisions in such a manner so as to save expenses, achieve expedition and avoid the courts resources being used up in cases which will serve no useful purpose. It was commented : -  

"The idea underlying Order 7 Rule 11(a) is that when no cause of action is disclosed, the courts will not unnecessarily protract the hearing of a suit."

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/judgments

Then entering the date of Judgment, for example, as 20 November 2003.

Written by 

Vishal

Delhi

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