Rejection of Plaint -- Eviction Petition, Death of Petitioner Leaving Minor Co-Petitioner Temporarily Unrepresented -- Defect cured by subsequent order, petition not void
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Scope of Enquiry Confined to Averments in Plaint -- While deciding an application under Order 7 Rule 11 CPC, the court is required to confine itself to the averments contained in the plaint or petition and examine whether, on the date of its presentation, it disclosed a cause of action and was maintainable in law. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Effect of Subsequent Events -- The power under Order 7 Rule 11 CPC is not meant to be exercised on the basis of subsequent events, unless such events completely extinguish the cause of action or render the proceedings inherently void. (iii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Eviction Petition, Minor Petitioner Temporarily Without Guardian After Death of Co-Petitioner -- An eviction petition originally filed by a competent person in his own right and on behalf of his minor daughter does not become void or non est on his subsequent death. An application under Order 7 Rule 11 CPC cannot succeed merely because the minor petitioner remained unrepresented by a guardian for a limited period, particularly where such defect stood rectified by an order of a competent court.
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