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1 - 6 of 6 (0.38 seconds)Article 227 in Constitution of India [Constitution]
Arunesh Punetha vs Boston Scientific Corporation And Ors. on 25 August, 2005
28. The decision relied upon by Mr. Phoolka in Arunesh Punetha (supra)
is of no avail to the applicant. The above extract itself shows that the Court
must look into the plaint and the documents filed on record. More
particularly, it should look into the documents which have been referred to
in the plaint to determine the merits of the application filed by the defendant
no.6/ applicant under Order VII Rule 11 CPC. The plaintiff is not expected
to lead his evidence in his plaint. The pleading has to be in respect of "a
statement in a concise form of the material facts on which the party pleading
relies for his claim or defence, as the case may be, but not the evidence by
which they are to be proved" (see Order VI Rule 2(1) CPC). Thus, the
plaintiff is not even expected to refer to specific pieces of evidence, namely
publications which, allegedly, are defamatory to the plaintiff.
D. Ramachandran vs R.V. Janakiraman & Ors on 11 March, 1999
16. Reference has also been made to a decision of this Court in Ajay
Verma v. M/s. East India Company & Ors., ILR (2007) II Delhi 333,
I.A. No.1884/2016 in CS(OS) 3457/2015 Page 7 of 14
wherein this Court has observed that under Order 7 Rule 11 CPC, what is
contemplated is that the plaint as a whole should be open to rejection. Even
if one of the reliefs sought by the plaintiff cannot be rejected under the said
provision, the plaint as such cannot be rejected. For this proposition, the
Court had placed reliance on D. Ramachandran v. R.V. Janakiraman &
Ors., AIR 1999 SC 1128 and ABN-AMRO Bank v. The Punjab Urban
Planning and Development Authority, AIR 2000 Punjab and Haryana 44.
Abn-Amro Bank vs The Punjab Urban Planning And ... on 22 July, 1999
16. Reference has also been made to a decision of this Court in Ajay
Verma v. M/s. East India Company & Ors., ILR (2007) II Delhi 333,
I.A. No.1884/2016 in CS(OS) 3457/2015 Page 7 of 14
wherein this Court has observed that under Order 7 Rule 11 CPC, what is
contemplated is that the plaint as a whole should be open to rejection. Even
if one of the reliefs sought by the plaintiff cannot be rejected under the said
provision, the plaint as such cannot be rejected. For this proposition, the
Court had placed reliance on D. Ramachandran v. R.V. Janakiraman &
Ors., AIR 1999 SC 1128 and ABN-AMRO Bank v. The Punjab Urban
Planning and Development Authority, AIR 2000 Punjab and Haryana 44.
The Indian Hotels Company Ltd. vs Binu Anand Khanna & Ors. on 6 January, 2016
29. The decision of the Division Bench of this Court in The Indian
Hotels Co. Ltd. (supra) appears to be relevant in the facts of the present
case.
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