Rejection of Plaint under Order 7 Rule 11: Supreme Court Agrees with Continuation of Suit

Rejection of Plaint under Order 7 Rule 11: Supreme Court Agrees with Continuation of Suit

In case of C.M. Meenakshi v. Archbishop of Bangalore [2025] GCtR 1769 (SC) appeal was filed by defendant. The origin of case was that  plaint was rejected by Trial Court but suit was restored by HC. The restoration of suit was upheld by Supreme Court and Order of Trial Court was set aside by SC. 

Learned senior counsel appearing for the defendant No.11 submitted that the Trial Court should not construe the observations of the High Court as meaning that the Trial Court should proceed with the case on merits, thereby implying that the issues concerning limitation, res judicata and those arising under Order II Rule 2 of the Code of Civil Procedure, 1908 ought not to be considered at all.

It was held that this is not an implication of the judgment of the High Court, nor can such a construction be given to its observations. All that the High Court meant was that the suit is restored on the file of the Trial Court and that it has to be decided in accordance with law, which would include all the above issues apart from the issues on the merits of the case.