O7 R11 CPC | Plaint Can Be Rejected Only When Court Comes To “Definite Conclusion” That Suit Is Not Maintainable/ Barred Under Law: P&H High Court
[15 June 2022] The Punjab and Haryana High Court has held that the power to reject plaint under Order 7 Rule 11 CPC should be exercised only when the Court comes to a “definite conclusion” that the suit is either not maintainable or barred under the law.
The bench comprising Justice Anil Kshetarpal added that Order 7 Rule 11 CPC enlists various grounds on which the plaint can be rejected. “Such facts are required to be proved in evidence. Whether such findings would be binding or not is again the matter which is required to be decided after examining the facts of the each and every case,” the High Court observed.
Thus, it was of the view that though the petitioner objects to the maintainability of the suit on the ground that there are certain findings in the rent proceedings but the same is required to be proved in evidence.