Basic principle for deciding application for rejection of plaint
It is
required to be noted that under Order VII Rule 11(a), the Court is required to
find out whether any cause of action is disclosed. In
the instant case, the
Appellant has already disclosed the cause of action in the plaint. It is not the
case that the cause of action is not disclosed in the plaint, at all. The defence
of the Respondents therefore, cannot be considered at such a stage, as at this
stage the Court is only required to read the plaint and find out whether the
cause of action is disclosed or not. The defence of the other side is required to
be considered only at the time when the trial begins.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
with
FIRST APPEAL NO. 613 OF 2009
CIVIL APPLICATION NO. 1863 OF 2009
The Brihanmaharashtra Sugar Syndicate Ltd.
Versus
The Oriental Insurance Co. Ltd. & Anr.
CORAM : P. B. MAJMUDAR &
R. V. MORE, JJ.
DATED : 8th SEPTEMBER, 2009.1
Citation;2009 (6) MH L J157
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