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(2022) Law Today Live Doc. Id. 17200 = 2023(1) L.A.R. 149
Decided on: 09.11.2022
For Petitioner(s):
Mr. Arun Kumar Goyat, Adv. Mr. Subhasish Bhowmick, AOR
Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Rejection of plaint – Non entitlement of relief – It is the case on behalf of the petitioner that the plaintiff is not entitled to any relief in the suit -- The aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 of the CPC.
(Para 1)
ORDER
1. The application preferred by the petitioner to reject the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) has been dismissed by the Trial Court which has been confirmed by the High Court. It is the case on behalf of the petitioner that the plaintiff is not entitled to any relief in the suit. The aforesaid cannot be a ground to reject the plaint at the threshold in 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.
2. Pending application(s), if any, shall stand disposed of.
Petition dismissed.
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