SC: “Merits of matter” irrelevant for deciding application u/ O.7 R.11 of CPC

The Hon’ble Supreme Court in the matter of Urvashiben & Anr. v. Krishnakant Manuprasad Trivedi, on 14thDecember, 2018, held that while deciding an application under O. VII R.11(d) of CPC, the court cannot go into the merits and demerits of the matter, it is only the averments stated in the plaint, that the court can look into. Therefore, inordinate delay and laches on the part of the plaintiff cannot be a ground for rejection of plaint under O.VII R.11(d) of CPC. 

The Hon’ble Supreme Court observed that:

It is true that limitation can be the ground for rejection of plaint in exercise of powers under O.VII R.11(d) of the CPC. Equally, it is well settled that for the purpose of deciding application filed under O.VII R.11 only averments stated in the plaint alone can be looked into, merits and demerits of the matter and the allegations by the parties cannot be gone into. (Para 11)

When rejection of plaint is sought in an application filed under O.VII R.11, same is to be considered from the facts of each case, looking at the averments made in the plaint, for the purpose of adjudicating such application. (Para 12)

Where there is inordinate delay and laches on the part of the plaintiff, same cannot be a ground for rejection of plaint under O.VII R.11(d) of CPC. (Para 15)

Copy of judgement:Judgement 14-Dec-2018

-Tushar Kaushik

Leave a Reply

Your email address will not be published. Required fields are marked *