No evidence can be examined at the stage of rejection of the plaint under order 7 rule 11
On 30th November, SC had held that under order 7 rule 11, at the stage of rejection of the plaint no number of merits, as well as evidence of a particular controversy, could be examined at this stage. Issue: – An appeal was
Supreme Court: Inconsistencies in the averments of the plaint are not a sufficient reason to reject the plaint – Order VII Rule 11 CPC
Issue The Supreme Court stated that a complaint can not be dismissed under Order VII Rule 11 CPC solely because it contains some contradictory averments. Only the claims presented in the plaint and the supporting documents must be reviewed in order to process
Should Disobidence Of Injunction Be Wilfull To Invoke Order 32 Rule 2A CPC?
The Supreme Court in the case of Amazon.com NV Investment Holdings LLC vs. Future Retail Limited doubted the correctness of its judgment in the case of U.C. Surendranath (supra) which held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires