Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

Plaint can't be rejected because 'plaintiff isn't entitled to any reliefs'- Supreme Court

07 May 2024 8:19 AM

By: Admin


The Supreme Court, a plaint under Order VII Rule 11 CPC cannot be rejected on the basis that "the plaintiff is not entitled to any redress in the litigation."

The plaintiff in this case sued the defendant for a permanent injunction. The Trial Court denied the defendant's application under Order VII Rule 11 CPC seeking to have the plaint rejected on the grounds that the plaintiff had a prima facie case of action after reading the plaint.

The defendant argued that the plaintiff has not requested any declarations, therefore the simplex suit for permanent injunction cannot be maintained, in a petition contesting this ruling at the High Court. The High Court dismissed the aforementioned petition.

The Apex Court bench remarked that the petitioner-position defendant's is that the plaintiff is not entitled to any relief in the lawsuit while taking into consideration the Special Leave Petition.

The aforementioned cannot be used as a justification for rejecting the plaint at the threshold in accordance with Order 7, Rule 11 of the CPC. The application under Order 7, Rule 11 of the CPC was properly dismissed by the learned Trial court, and the High Court should not interfere with that decision. We wholeheartedly concur with the High Court's position. The order from the bench of Justices MR Shah and MM Sundresh stated, "The Special Leave Petition remains dismissed.

The Civil Procedure Code offers the remedy of dismissing a complaint under Order VII Rule 11 on a number of clearly stated grounds, including:

(a) where it fails to set forth a cause of action;

(b) where the relief sought is undervalued and the plaintiff fails to correct the valuation after being ordered by the court to do so within a time set by the court; and

(c) where the relief sought is properly valued but the complaint is written on paper that is insufficiently stamped, an insufficiently stamped piece of

(d) if the lawsuit looks to be legally prohibited according to the plaint's assertion;

(e) if it wasn't filed in duplicate; and

(f) if the plaintiff doesn't follow Rule 9's requirements.

Gurdev Singh vs Harvinder Singh 

Latest Legal News