Case Note & Summary
The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (CPC). The appellants, original plaintiffs, filed Suit No.1357 of 1988 seeking declaration and injunction. The respondents, original defendants, filed an application for rejection of the plaint on the ground that it did not disclose a cause of action. The learned Single Judge allowed the application and rejected the plaint. Aggrieved, the appellants filed the present appeal. The Division Bench, comprising Dr. D.Y. Chandrachud and S.C. Gupte, JJ., admitted the appeal and took it up for final disposal by consent. The court examined the principles governing Order VII Rule 11(a) CPC. It held that while determining whether a plaint discloses a cause of action, the court must consider the plaint as a whole, taking the averments as correct. The defence is not material, and the sufficiency of evidence is a matter for trial. The court relied on the Supreme Court judgment in Mayer (H.K.) Ltd. v. Owners and Parties, Vessel M.V. Fortune Express, which held that the plaint cannot be rejected on the basis of the defendant's allegations, and so long as the plaint discloses some cause of action requiring determination, the mere fact that the judge thinks the plaintiff may not succeed is not a ground for rejection. The Division Bench found that the plaint disclosed a cause of action and that the learned Single Judge erred in rejecting it. Accordingly, the appeal was allowed, the impugned judgment was set aside, and the Notice of Motion for rejection of the plaint was dismissed. The suit was directed to proceed in accordance with law.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(a) CPC - Cause of Action - The court must read the plaint as a whole to determine if a cause of action is disclosed; the defence is not material and sufficiency of evidence is a matter for trial. The plaint cannot be rejected merely because the judge opines that the plaintiff may not succeed. (Paras 3-4) B) Civil Procedure - Cause of Action - Bundle of Facts - A cause of action is a bundle of facts which the plaintiff must prove to obtain relief. The plaint must state material facts, not evidence, except in cases of misrepresentation, fraud, etc. (Para 4)
Issue of Consideration
Whether the plaint discloses a cause of action within the meaning of Order VII Rule 11(a) of the Code of Civil Procedure, 1908, and whether the learned Single Judge erred in rejecting the plaint.
Final Decision
Appeal allowed. Impugned judgment and order of the learned Single Judge dated 29 July 2013 is set aside. Notice of Motion No.1984 of 2010 is dismissed. Suit No.1357 of 1988 to proceed in accordance with law.
Law Points
- Order VII Rule 11(a) CPC
- plaint rejection
- cause of action
- bundle of facts
- plaint as a whole
- defence not material
- sufficiency of evidence not relevant at this stage
