Rejection of Plaint -- Scope of Inquiry Under Order VII Rule 11 -- Confined to plaint and documents of plaintiff, excludes written statement and merits
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Scope of Inquiry Under Order VII Rule 11 -- At this stage, the Court is not required to consider the written statement or documents filed by the defendant, nor to examine the case of the plaintiff on merits. Only the averments made in the plaint, along with documents relied upon by the plaintiff, are to be considered. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Specific Relief Act, 1963, Ss.38, 41(h) -- Rejection of Plaint -- Suit for Injunction Based on Oral Agreement to Sell -- A plaintiff cannot claim any right, title, or interest in disputed property on the basis of an alleged oral agreement to sell. Where an equally efficacious remedy of specific performance would otherwise have been available but cannot be enforced in the absence of a written agreement, the relief claimed becomes legally unenforceable and the suit is barred by law. (iii) Registration Act, 1908, S.17 -- Registration of Agreement -- Immovable Property Transaction of High Value -- An agreement relating to immovable property involving substantial consideration is required to be reduced into writing, duly stamped, and registered in accordance with the Stamp Act and the Registration Act.
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