CPC O. 7 R. 11(d) – Bar to approach the Civil Court – issue relating to a common drain between two private individuals

Civil Procedure Code 1908 (V of 1908) Order 7 Rule 11(d) – Bar to approach the Civil Court – There would be a bar for the civil court to entertain the suit, if such suit is barred either expressly or impliedly by any law – Further, Order VII Rule 11(d) contemplates that from the statement contained in the plaint the suit should appear to be barred by any law, in which case the plaint shall be rejected – The Part VI under which a bar is imposed relates to Land, Buildings and Streets – Therefore, on the face of it, it indicates that the issue relating to a common drain between two private individuals residing within the limits of the Municipal Corporation is not an issue regarding which a specific bar is contemplated against approaching the civil court for relief – Guwahati Municipal Corporation Act, 1971

2021 SCeJ 1164