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 receipt of 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, holding that the plaint disclosed a cause of action. The High Court, per S.B. Shukre, J., dismissed the revision, observing that for the purpose of Order 7 Rule 11 CPC, only the plaint averments are to be examined, and the plaint clearly stated that bills were raised, part payment was made, and the balance remained unpaid, which constituted a cause of action. The court also noted that the petitioner's defence regarding the bills being time-barred or not payable could not be considered at this stage. The revision was dismissed with no order as to costs.
Headnote
A) Civil Procedure Code - Order 7 Rule 11 - Rejection of Plaint - Cause of Action - The court held that for deciding an application under Order 7 Rule 11 CPC, only the plaint averments are to be considered and not the defence. The plaint disclosed a cause of action as it stated that bills were raised, part payment was made, and the balance remained unpaid. The trial court correctly rejected the application. (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. No order as to costs.
Law Points
- Order 7 Rule 11 CPC
- cause of action
- rejection of plaint
- plaint averments
- recovery suit
