In a writ petition for quashing a civil plaint, the Court refused to examine the cause of action at the first instance, directing the petitioner to approach the trial court for rejection of the plaint under Order 7 Rule 11 CPC.
Petition disposed of; petitioner directed to file application under Order 7 Rule 11 CPC before the trial court.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6685 of 2019
Petitioner :- Nafisul Hassan Respondent :- Baij Nath (Deceased) And 3 Others Counsel for Petitioner :- Sikandar Azam Lari
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for quashing the plaint of Original Suit No.389 of 2014. The petitioner is defendant in the suit. According to the petitioner, there is no cause of action available to the plaintiff-respondents to institute the suit in question. The petitioner had already filed written statement traversing the plaint allegations.
Concededly, the trial court is competent to reject the plaint in exercise of power under Order 7 Rule 11 CPC if the plaint does not disclose any cause of action. The petitioner has not availed the said remedy so far.
Consequently, this Court declines to examine the issue at the first instance, but leaves it open to the petitioner to file application under Order 7 Rule 11 CPC before the trial court, if so advised. In the event any such application is filed, the trial court shall decide the same in accordance with law.
The petition stands disposed of with the above observations.
(Manoj Kumar Gupta, J)
Order Date :- 31.10.2019 SL
1 issue framed by the court
Whether the High Court should examine the quashing of a plaint under Article 227 before the trial court decides an Order 7 Rule 11 application.
1 provisions across 1 enactments
Nafisul Hassan
Baij Nath
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
