Chambers of Daksha Kumar
The plaint cannot be rejected merely because the plaintiff is not entitled to any relief in the Suit
Order VIl Rule 11 CPC - The plaint cannot be rejected merely on the ground that the plaintiff is not entitled to any reliefs in the suit': Supreme Court
The Supreme Court in the matter of Gurdev Singh Vs. Harvinder Singh observed that a plaint cannot be rejected under Order VII Rule 11 CPC merely on the ground that 'the plaintiff is not entitled to any relief in the suit'.
While considering the Special Leave Petition, the Supreme Court bench noted that the case on behalf of the petitioner-defendant is that the plaintiff is not entitled to any relief in the suit.
While dismissing the Special Leave Petition the bench of Justice MR Shah and Justice MM Sundresh noted in their order that "the aforesaid cannot be a ground to reject the plaint at the threshold in the exercise of powers under Order 7, Rule 11 of the CPC. The learned Trial court has rightly rejected the application under Order 7, Rule 11 of the CPC, which is rightly not interfered with by the High Court. We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed."