cpc O. 7 R. 11- 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 – cpc o. 7 r. 11.
(2018)2 SCeJ 1240 = 2018 PLRonline 14192
