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(i) Civil Procedure Code, 1908 – Order 7 Rule 11(d) – Jurisdictional error – Principal relief claimed in the notice of motion filed by respondent No.1 to reject the plaint only qua the said respondent No. 1 only and which commended to the High Court, is replete with jurisdictional error – Such a relief “cannot be entertained” in exercise of power under Order 7 Rule 11(d) of CPC – That power is limited to rejection of the plaint as a whole or not at all.
(ii) Civil Procedure Code, 1908 – Order 7 Rule 11(d) – It is impermissible to reject the plaint only against one of the defendant(s), in exercise of power under Order 7 Rule 11(d) of CPC – Rejection of plaint in exercise of powers under Order 7 Rule 11(d) of CPC cannot be pursued only in respect of one of the defendant – The plaint has to be rejected as a whole or not at all, in exercise of power Order 7 Rule 11 (d) of CPC – It is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same against the others – If the plaint survives against certain defendant(s) and/or properties, Order 7 Rule 11(d) of CPC will have no application at all, and the suit as a whole must then proceed to trial – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Section 34 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. [Para 11, 15]
(iii) Civil Procedure Code, 1908 – Order 7 Rule 11(d) – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Section 34 – Application moved under Order 7 Rule 11(d) for dismissal of the suit qua one respondent only on the ground that the suit against the said respondent would be barred by provisions of Section 34 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – The fact that one or some of the reliefs claimed against respondent No.1 in the concerned suit is barred by Section 34 of 2002 Act or otherwise, such objection can be raised by invoking other remedies including under Order 6 Rule 16 of CPC at the appropriate stage – It is impermissible to reject the plaint only against one of the defendant(s), in exercise of power under Order 7 Rule 11(d) of CPC – Rejection of plaint in exercise of powers under Order 7 Rule 11(d) of CPC cannot be pursued only in respect of one of the defendant – The plaint has to be rejected as a whole or not at all, in exercise of power Order 7 Rule 11 (d) of CPC – Civil Procedure Code, 1908 – Order 6 Rule 16. [Para 11, 13, 15]
