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1 - 3 of 3 (0.17 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
M/S. Crescent Petroleum Ltd. vs M.V. "Monchegorsk" & Another on 23 September, 1999
5. It is no longer res integra that the rejection of the plaint on the ground
that it "does not disclose a cause of action" can be done only in exceptional
Civil Suit No.70/13 Shree Yogmaya Deity & Anr. Vs. Mukesh Vats Page 2 of 4
circumstances where the court is absolutely sure that on a meaningful reading of
the plaint it does not make out any cause of action and thus the power should be
exercised sparingly. Strength for the proposition is also derived from the judgment
of the Hon'ble Bombay High Court in M/s. Crescent Petroleum Ltd. Vs.
"MONCHEGORSK" cited as AIR 2000 Bom 161. It is also a settled proposition of
law that for the purpose of deciding the application under Order VII Rule 11 of
Code of Civil Procedure, 1908 only the averments in the plaint as well as the
accompanying documents are to be looked into. The defence of the defendant is
immaterial at this stage as Order VII Rule 11 of Code of Civil Procedure, 1908 is
based on the plea of demurer where the averments in the plaint are accepted to be
true and if even thereafter, no cause of action is disclosed, the plaint is liable to be
rejected.
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