{"id":254662,"date":"2021-09-24T10:00:32","date_gmt":"2021-09-24T04:30:32","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=254662"},"modified":"2021-09-30T18:47:08","modified_gmt":"2021-09-30T13:17:08","slug":"law-on-rejection-of-plaint-under-order-vii-rule-11-of-cpc-as-explained-by-the-supreme-court","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/09\/24\/law-on-rejection-of-plaint-under-order-vii-rule-11-of-cpc-as-explained-by-the-supreme-court\/","title":{"rendered":"Law on rejection of plaint under\u00a0Order\u00a0VII\u00a0Rule\u00a011\u00a0of\u00a0CPC as explained by the Supreme Court"},"content":{"rendered":"

Supreme Court<\/strong>: The bench of L. Nageswara Rao and BR Gavai*<\/strong>, JJ has lucidly explained the law on rejection of plaints under\u00a0Order\u00a0VII\u00a0Rule\u00a011\u00a0of\u00a0CPC for want of cause of action and has held that in each the question that will have to be considered is as to whether the reliefs as claimed in the plaint by the plaintiffs could be granted or not and if none of the reliefs sought in the plaint can be granted then such a suit should be thrown out at the threshold.<\/p>\n

Here\u2019s the law explained by the Supreme Court on various occasions:<\/strong><\/span><\/h4>\n

Dahiben v. Arvindbhai Kalyanji Bhanusali ,<\/span><\/em> (2020)\u00a07\u00a0SCC\u00a0366<\/a><\/strong><\/h4>\n

The power conferred on the court to terminate a civil action is a drastic one<\/strong>, and the conditions enumerated under Order VII Rule 11 of CPC are required to be strictly adhered to.\u00a0 However, under Order VII Rule 11 of CPC, the duty is cast upon the court to determine whether the plaint discloses a cause of action, by scrutinizing the averments in the plaint, read in conjunction with the documents relied upon, or whether the suit is barred by any law.<\/p>\n

The underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings.<\/p>\n

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\u201c\u2026 in such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted.\u201d<\/p>\n<\/blockquote>\n

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Even non-payment of entire sale consideration cannot be a ground cancellation of sale deed: SC<\/a><\/p><\/blockquote>\n