Code of Civil Procedure, 1908 | O. 7 Plaint

R. 11 Rejection of plaint

* Court directed to file WS – Filing of WS is irrelevant and unnecessary in view to decide application.
2002(1) Supreme Today 433

* In case from bare reading of the plaint and admitted documents, the court could come to the conclusion that the plaint does not disclose cause of action or the suit is barred by the limitation or is not maintainable, the court can decide the said point even without recording any evidence.
AIR 1992 Delhi 118

* When no notice had been served as required, the suit was barred and plaint ought to have been rejected under O.7 R.11 – the court ought not to have proceeded to determining issues on merits. The judgment and decrees of the courts below as such and are vitiate.
AIR 1992 HP 34

* The contention that even if the election petition is liable to be dismissed ultimately it should be so dismissed only after recording of the evidence and not at the threshold is thoroughly misconceived and untenable.
AIR 1986 SC 1253.

* R. 11 (e), (f) – rejection of plaint – plaint not filed in duplicate – or where plaintiff fails to comply with provisions of O.7 , R. 9 – first instance is not contemplated - if there is any defect – court should ordinarily give an opportunity for rectifying the defects.
2002 AIR SCW 4627 : 2002(8) SCALE : 146/2 : 2002 (8) SUPREME 55
(Salem Bar Association v. Union of India )

* Subsequent events – rendering suit infructuous – can be brought to notice of court qua application under s. 151 – court can dismiss the suit after making necessary enquiry into facts and circumstances.
AIR 2004 SC 2093 (Shipping Corporation v. Machado Brothers)