Case Note & Summary
The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by the learned Additional Senior Civil Judge, Vasco, in Regular Civil Suit No. 56/2014/A, rejecting the petitioner's application under Order 7 Rule 11 CPC for rejection of the plaint. The respondent, K.A. Shivaraman, sole proprietor of M/s Siddhi Engineering, had filed a suit for recovery of Rs.12,13,577/- against the petitioner, claiming that under a contract for repairs to vessels, various bills totaling Rs.22,08,196/- were raised, against which the respondent admitted receiving Rs.9,94,619/-, leaving the balance outstanding. The petitioner contended that the plaint did not disclose a cause of action as it was not known when the amount was demanded and refused. The trial court rejected the application. The High Court, after hearing both sides, held that the plaint clearly disclosed a cause of action as it contained specific averments regarding the contract, bills, payments, and outstanding amount. The court found no error in the trial court's order and dismissed the revision application, upholding the trial court's decision.
Headnote
A) Civil Procedure - Rejection of Plaint - Order 7 Rule 11 CPC - Cause of Action - The petitioner sought rejection of plaint on ground that plaint did not disclose cause of action. The trial court rejected the application. The High Court held that the plaint clearly disclosed a cause of action as it contained specific averments regarding the contract, bills raised, payments received, and the outstanding amount. The court found no error in the trial court's order and dismissed the revision. (Paras 2-4)
Issue of Consideration
Whether the plaint in a recovery suit discloses a cause of action and whether the trial court erred in rejecting the application under Order 7 Rule 11 CPC.
Final Decision
The High Court dismissed the Civil Revision Application, upholding the trial court's order rejecting the application under Order 7 Rule 11 CPC.
Law Points
- Order 7 Rule 11 CPC
- cause of action
- rejection of plaint
- plaint averments
- recovery suit
Case Details
2016 LawText (BOM) (01) 82
Civil Revision Application No. 41 of 2015
Mr. Balkrishna P. Sardessai for Petitioner, Mr. Bhargav M. Khandeparkar for Respondent
M/s Cyrus Marine Services
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Nature of Litigation
Civil Revision Application challenging rejection of application under Order 7 Rule 11 CPC for rejection of plaint in a recovery suit.
Remedy Sought
Petitioner sought rejection of plaint in Regular Civil Suit No. 56/2014/A.
Filing Reason
Petitioner contended that plaint did not disclose cause of action.
Previous Decisions
Trial court rejected the application under Order 7 Rule 11 CPC on 02.11.2015.
Issues
Whether the plaint in the recovery suit discloses a cause of action?
Whether the trial court erred in rejecting the application under Order 7 Rule 11 CPC?
Submissions/Arguments
Petitioner argued that the plaint does not disclose any cause of action as it is not known when the amount was demanded and refused.
Respondent resisted the application, presumably arguing that the plaint discloses a cause of action.
Ratio Decidendi
The plaint clearly discloses a cause of action as it contains specific averments regarding the contract, bills raised, payments received, and the outstanding amount. Therefore, the trial court correctly rejected the application under Order 7 Rule 11 CPC.
Judgment Excerpts
This revision application challenges the order passed by the learned Additional Senior Civil Judge, Vasco on 02.11.2015 in Regular Civil Suit No. 56/2014/A, thereby rejecting the application of the petitioner filed under Order 7 Rule 11 of C.P.C. seeking rejection of the plaint.
The petitioner filed an application under Order 7 Rule 11 contending that the averments in the plaint do not disclose any cause of action...
Procedural History
The respondent filed Regular Civil Suit No. 56/2014/A for recovery of Rs.12,13,577/-. The petitioner filed an application under Order 7 Rule 11 CPC for rejection of plaint. The trial court rejected the application on 02.11.2015. The petitioner then filed the present Civil Revision Application under Section 115 CPC before the High Court.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 7 Rule 11, Section 115
