CPC Order 7, Rule 11 – Application can be filed at any stage of the suit - It is not necessary that the application is to be moved before framing of the issues.
(2019-1) Punjab Law Reporter 323
CPC, O.VII R.11(d) - Agreement to Sell executed in 1992 - Suit filed in 2017, after a period of 25 years - No communication at all in between the period from 1992 to 2017 – Knowledge of refusal attributed to site visit on 25.05.2017 on which date he has come to know the said plot is sold to third parties - While deciding an application filed under O.VII R.11 of the CPC , merits and demerits of the matter cannot be gone into at this stage - Only averments in the plaint are to be looked into - From a reading of the averments in the plaint, it cannot be said that suit is barred by limitation - The issue as to when the plaintiff had noticed refusal, is an issue which can be adjudicated after trial - Even assuming that there is inordinate delay and laches on the part of the plaintiff, same cannot be a ground for rejection of plaint under O.VII R.11(d) of CPC - For the purpose of cause of action and limitation when it is pleaded that when he had visited the site on 25.05.2017 he had come to know that the sale was made in favour of third parties and the appellants have refused to execute the Sale Deed in which event same is a case for adjudication after trial but not a case for rejection of plaint under O.VII R.11(d) of CPC. 14 December, 2018 / (2018)2 SCeJ 1898
CPC, O.VII R.11(d) – Limitation - It is fairly well settled that, so far as the issue of limitation is concerned, it is a mixed question of fact and law - It is true that limitation can be the ground for rejection of plaint in exercise of powers under O.VII R.11(d) of the CPC, equally, it is well settled that for the purpose of deciding application filed under O.VII R.11 only averments stated in the plaint alone can be looked into, merits and demerits of the matter and the allegations by the parties cannot be gone into. 14 December, 2018 / (2018)2 SCeJ 1898
CPC, O.VII R.11(d) - While deciding an application filed under O.VII R.11 of the CPC , merits and demerits of the matter cannot be gone into at this stage - Only averments in the plaint are to be looked into. 14 December, 2018 / (2018)2 SCeJ 1898
Civil Procedure Code, 1908, Order VII Rule 11 – Application claiming rejection of the plaint on the ground that the suit filed by respondent No.1 was barred by res judicata - Plaint in question did not disclose any cause of action - At this stage, the defense in the written statement cannot be gone into - One has to only look into the plaint for the purpose of deciding application under Order VII Rule 11, CPC - It is possible that in a cleverly drafted plaint, the plaintiff has not given the details about the first Suit which has been decided against him - He has totally omitted to mention about the second Suit, the judgment wherein has attained finality – Plaintiff may be guilty of suppression and concealment, if the averments made by the appellant are ultimately found to be correct - However, as per the established principles of law, such a defense projected in the written statement cannot be looked into while deciding application under Order VII Rule 11, CPC.