Only Plaintiff’s Pleadings Can Be Looked Into For Order VII Rule 11 CPC Enquiry

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04 Feb 2017

Only Plaintiff’s Pleadings Can Be Looked Into For Order VII Rule 11 CPC Enquiry

 

Under Order VII Rule 11, the court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by the defendant or any other materials produced by the defendant.
The Supreme Court, in Kuldeep Singh Pathania vs. Bikram Singh Jarya, has held that for an enquiry under Order VII Rule 11 (a) of Code of Civil Procedure, only the pleadings of the plaintiff can be looked into even if it is at the stage of trial of preliminary issues.