Order 7 Rule 11 of Code of Civil Procedure, 1908 : Supreme Court Explains the Effect

 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

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.  

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

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.