Saturday, July 2, 2022

Rejection of Plaint-cause of action-plaint not to be rejected for failure of the plaintiff to disclose of cause of action.


Civil Procedure Code, 1908, Order 7, Rule 11 - Rejection of plaint - Order 7, Rule 11 (a) although authorises Court to reject a plaint on failure on part of plaintiff to disclose cause of action but same would not mean that averments made therein or document upon which reliance placed although discloses cause of action, plaint would be rejected on ground that such averments are not sufficient to prove facts stated therein for purpose of obtaining reliefs claimed in suit - Therefore, dismissal of rejection of plaint proper.
PUNJAB AND HARYANA HIGH COURT
Civil Revision No.2551 of 2020(O&M).
Omprakash versus Amit Mishra

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