Friday, November 2, 2012

Civil Procedure Code, 1908, Order 7, Rule 11 read with Order 10

Civil Procedure Code, 1908—Order 7, Rule 11 read with Order 10—Rejection of plaint—If the allegations are vexatious and meritless and not disclosing a clear right or material(s) to sue, it is the duty of the trial Judge to exercise his power under Order VII Rule 11—If clever drafting has created the illusion of a cause of action as observed by Krishna Iyer J., in T.Arivandandam vs. T.V. Satyapal & Anr., (1977) 4 SCC 467, it should be nipped in the bud at the first hearing by examining the parties under Order X of the Code.

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