[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

1. Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints :

• The primary test for a plaint under Order VII Rule 11 of the Civil Procedure Code (cpc) is to read the plaint as a whole and meaningfully, presuming its contents to be true. The focus is on whether the plaint discloses a cause of action; if it does, an application under this rule should fail.
  • The court should not engage in assessing the correctness or merits of the plaint's averments at this stage. The High Court, in this case, erred by pre-judging the validity of the sale deed and the truth of its related averments, leading to the setting aside of its judgment and the dismissal of the application under Order VII Rule 11, CPC.

• Civil Procedure Code, 1908 – Order 7 Rule 11 – Rejection of Plaint in Part :

• The High Court made an error by partially rejecting the plaint concerning Schedule-A property while allowing the case to proceed with Schedule-B property. This approach is deemed impermissible under Order VII Rule 11, CPC, as a plaint cannot be rejected in part.
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