Rejection of Plaint -- Scope of Inquiry Under Order VII Rule 11 -- Confined to plaint averments, excludes defence and disputed questions
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Scope of Inquiry Under Order VII Rule 11 -- While deciding such an application, the Court must confine itself to averments made in the plaint and documents relied upon therein. Defence raised by defendants or disputed questions requiring evidence cannot be considered at this stage. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Challenge to Will on Grounds of Incapacity, Fraud and Undue Influence -- Averments challenging a Will on grounds of incapacity of testator, fraud, and undue influence clearly disclose a cause of action. Whether the plaintiff ultimately succeeds in proving these allegations is a matter to be determined only during trial. (iii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Authority to Represent Trust and Non-Joinder of Trustees -- Whether the person instituting the suit had proper authority to represent the trust, or whether all trustees were required to be impleaded, involves disputed facts requiring evidence. Such issues cannot be adjudicated while deciding an application under this provision. (iv) Civil Procedure Code, 1908, O.7 R.11, O.2 R.2 -- Rejection of Plaint -- Bar Under Order II Rule 2 -- The bar under Order II Rule 2 is a mixed question of law and fact, which cannot be decided without examining pleadings and evidence relating to the earlier proceedings. (v) Civil Procedure Code, 1908, S.114, O.47 Rr.1, 2 -- Review -- Scope of Review Jurisdiction -- The power of review is extremely limited and cannot be exercised merely because another view on the merits is possible. Review jurisdiction cannot be used as a substitute for an appeal.
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