FIRST LAW

The Civil Procedure Code, 1908 - Order 7 Rule 11 (d) – Rejection of Plaint - Relief of reject the plaint only against one of the defendant(s) – Held, Such a relief “cannot be entertained” in exercise of power under Order 7 Rule 11(d) of CPC - the relief of rejection of plaint in exercise of powers under Order 7 Rule 11(d) of CPC cannot be pursued only in respect of one of the defendant(s) - the plaint has to be rejected as a whole or not at all, in exercise of power Order 7 Rule 11 (d) of CPC - the plaint as presented must proceed as a whole or can be rejected as a whole but not in part.

Civil Procedure -  Limitation - Rejection of Plaint - Plaint could not have been rejected on the ground of limitation - At the threshold, without any evidence being recorded, the Courts ought not to have rejected the plaint on the ground that the suit is barred by limitation.

The Code of Civil Procedure, 1908 - Order 7 Rule 11 (d) - Rejection of the Plaint - By mere clever drafting, the plaintiff cannot bring the suit within the period of limitation.

The Code of Civil Procedure, 1908 – Order VII Rule 11 – Rejection of Plaint - Merits and demerits of the matter cannot be gone into at this stage, while deciding an application filed under O.VII R.11 of the CPC.

Civil P.C. 1908 - Order 7 Rule 11 - Rejection of Plaint - for the purpose of considering an application under Order 7 Rule 11 CPC only the averments made in the plaint have to be taken presuming them to be correct on the face of it along with the documents filed in support of the plaint.

Civil Law - Permanent  Injunction & Specific Performance - Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and  vice versa -  a plaintiff cannot claim a relief of specific performance of agreement against the defendant on a cause of action on which he has claimed a relief of permanent injunction.  [Para 31 & 32]

Civil P.C. 1908 - S.11, O. 7 R. 11 & O. 2 R. 2 - R es Judicata -  Rejection of Plaint - Averments in plaint must be considered and not what is stated in written statement.