Bombay High Court Dismisses Writ Petition Challenging Trial Court’s Refusal to Reject Plaint in Eviction Suit; Clarifies That Distinction Between ‘No Cause of Action’ and ‘Failure to Disclose Cause of Action’ is Crucial Under Order VII Rule 11(a) CPC. The Court Held That Defences Raised by the Defendant Cannot be Considered at the Stage of Deciding an Application for Rejection of Plaint, and the Question Whether the Plaintiff Has a Sustainable Cause of Action is a Matter for Trial.
12 Oct 2018The dispute arose from an eviction suit filed by Vithuram Shivlal Lahoti Denagi Trust against Nanji Sunderji Sejpal. The petitioner, who was the origi...
