application of the
appellant filed under Order 7 Rule 11 of the Code of Civil
Procedure .
The appellant was the 5th defendant in the suit ... said Tribunal the
appellant filed an application under order 7 Rule 11 of the
Civil Procedure Code for rejecting the plaint
plaint in exercise of powers under
Order 7 Rule 11(d) of the Code of Civil Procedure (hereinafter
2
referred to as the ‘ CPC ... Order 7 Rule 11
application and have materially erred in not rejecting the plaint in
exercise of powers under Order 7 Rule 11
rejected by invoking Order VII Rule
11(d) of the CPC ? Indeed, Order VII Rule 11 of the CPC gives
ample ... Order 7 Rule 11 of the Code,
it was held as under: (SCC p. 560, para 9)
“9. A perusal of Order 7 Rule 11
case to exercise
powers under Order 7 Rule 11(d) of the CPC .
7. We have heard the learned Advocates appearing on behalf ... Rule 11 if
conditions enumerated in the said provision are fulfilled. It is
needless to observe that the power under Order 7 Rule 11 CPC
whether a plaint can be rejected
under Order 7 Rule 11 (d) of the Code of Civil Procedure , 1908
on the plea taken ... whether a plaint can be rejected under
Order 7 Rule 11 (d) of the Code of Civil Procedure , 1908 on the
plea taken
consent order without reserving its right to invoke the provisions of Order 7, Rule 11 of the Code of Civil Procedure , there was no scope ... Order 7, Rule 11, CP.C. On this point I must agree with the submission of Sri. Shanti Bhushan that Order 7, Rule 11
highlighted that the
scope and ambit of Order VII Rule 11 of the Code of Civil
Procedure is a cabined and limited one. As held ... ADOPTED BY THE COURTS WHILE DEALING
WITH AN ORDER 7 RULE 11 CPC APPLICATION
37. Order 7 Rule 11 CPC lays
order dated 17 June 2013 1, rejecting the plaint
under Order 7 Rule 11 (d) of the Civil Procedure Code in respect ... should
exercise the power under Order 7 Rule 11 of the Code taking care to see
7
Rule 11 C.P.C has not been made
an appealable order under the Rules found under Order 43 of Code of Civil
Procedure ... order dismissing the application under Order
7 Rule 11 an appealable order and there is no other provision anywhere in the
Code of Civil Procedure
such an action. Order 7, Rule 11 does not place any restriction in that respect. Order 7, Rule 11 does not restrict the power ... rejected, under Order 7 Rule 11 and the Court would be acting within its jurisdiction, in considering the objection. Order 7 Rule 11 does
