CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]

Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe )

Civil Procedure Code, 1908 (V of 1908) O. 7 R. 11 – “Plaint” – Necessarily means the plaint as a whole –  It is only where the plaint as a whole does not disclose a cause of action that Order VII Rule 11 springs into being and interdicts a suit from proceeding. [Para 5]

Civil Procedure Code, 1908 (V of 1908) O. 7 R. 11 – Plaint as a whole must be rejected under Order VII Rule 11 –  In all such cases, if the plaint survives against certain defendants and/or properties, Order VII Rule 11 will have no application at all, and the suit as a whole must then proceed to trial. [Para 10]

Civil Procedure Code, 1908 (V of 1908) O. 6 R. 16 – Portion of the plaint to be struck out  – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the cpc would apply and O. 7 R. 11 shall not apply. [Para 11]

Civil Procedure Code, 1908 (V of 1908) O. 14 R. 2  – jurisdiction – Preliminary issue  – Court is vested with a discretion under this order to deal with an issue of law, which it may try as a preliminary issue if it relates to the jurisdiction of the Court, or is a bar to the suit created for the time being in force – This provision would apply after issues are struck i.e. after a written statement is filed. [Para 13]