Rejection of Plaint -- Scope of Examination Under Order VII Rule 11 -- Confined to averments of plaint
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Scope of Examination Under Order VII Rule 11 -- While adjudicating an application under this provision, only the averments made in the plaint are to be examined. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Mixed Questions of Fact and Law -- Pleas raised that involve mixed questions of fact and law cannot be considered at the stage of hearing an application under this provision. (iii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Suit for Specific Performance -- Objections regarding readiness and willingness of the plaintiff to perform his part of the contract, and his conduct, are matters of trial involving mixed questions of fact and law. Such objections cannot be examined while considering an application under this provision. (iv) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Disclosure of Valid Cause of Action -- Where the plaint discloses a valid cause of action and the statements therein do not show the suit to be barred by law, the case does not fall within the grounds enumerated under this provision.
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