Civil Procedure Code, 1908, Order 7, Rule 11

Civil Procedure Code, 1908—Order 7, Rule 11—Application under Order 7 Rule 11 for rejection of plaint—In order to consider Order VII Rule 11, the Court has to look into the averments in the plaint and the same can be exercised by the trial Court at any stage of the suit—The averments in the written statement are immaterial and it is the duty of the Court to scrutinize the averments/pleas in the plaint—In other words, what needs to be looked into in deciding such an application are the averments in the plaint—At that stage, the pleas taken by the defendant in the written statement are wholly irrelevant and the matter is to be decided only on the plaint averments.

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