Case Note & Summary
The petitioner, M/s. Zuari Industries Ltd., filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 20th March 2006 passed by the trial court, which rejected the petitioner's application under Order VII, Rule 11(a) of CPC for rejection of the plaint. The plaint was filed by the respondent, Communidade of Sancoale, seeking reliefs related to alleged forfeiture of property under the Code of Comunidades, a local law in Goa. The petitioner argued that the plaint did not disclose any cause of action and relied on the Supreme Court decisions in I.T.C. Limited vs. Debts Recovery Appellate Tribunal and T. Arivandandam vs. T.V. Satyapal. The trial court, however, held that the plaint, read as a whole, did disclose a cause of action. The High Court, after hearing both sides, found no error in the trial court's reasoning. The court noted that the plaint referred to specific provisions of the Code of Comunidades and alleged facts that, if proved, would entitle the plaintiff to relief. The revision application was dismissed, and the trial court was directed to proceed with the suit expeditiously. The judgment emphasizes that for rejection under Order VII Rule 11(a), the court must only look at the plaint and if it discloses a cause of action, even if weak, the plaint cannot be rejected.
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 it discloses a cause of action; only if the plaint manifestly fails to disclose any cause of action can it be rejected. The trial court's order rejecting the application was upheld as the plaint disclosed a cause of action under the Code of Comunidades. (Paras 1-3)
Issue of Consideration
Whether the trial court erred in rejecting the application under Order VII, Rule 11(a) of CPC for rejection of the plaint on the ground that it does not disclose cause of action.
Final Decision
The Civil Revision Application is dismissed. The trial court's order dated 20th March 2006 rejecting the application under Order VII Rule 11(a) CPC is upheld. The trial court is directed to proceed with the suit expeditiously.
Law Points
- Order VII Rule 11(a) CPC
- Rejection of plaint
- Cause of action
- Code of Comunidades
- Plaint reading as a whole
