Mandalapu Rajesh vs The Branch Manager on 11 April, 2022
In Ahmed Nawab Alladin v. Hyderabad Industries
Ltd., Hyderabad6, it was held that "Courts would prefer to
adjudicate the suits on merits, than to discard them at the
threshold and rejection of plaint is almost a rarity". In
ascertaining whether the petition shows a cause of action, the
Court does not enter upon a trial of the issues affecting the merits
of the claim made by a petitioner. It cannot take into
consideration, the defences which the defendant may raise upon
the merits nor is the Court competent to make an elaborate
enquiry into doubtful or complicated questions of law or fact. If
the allegations in the petition, prima facie, show a cause of
action, the Court cannot embark upon an enquiry as to whether
5
6
2015(3) ALD 584
5
the allegations are true in fact, or whether the petitioner will
succeed in the claims made by him.