AIR 2018 KAR 105 ::2018 (2) AKR 545 ::(2018) 3 CivilCourtC 344 ::(2018) 3 CurCC 499 ::(2018) 3 ICC 266 ::(2018) 3 KCCR 2816

Karnataka High Court

Hon'ble Judge(s): S. Sujatha , J

(A) Civil P.C. (5 of 1908) , O.7 R.11— Rejection of plaint - No plaint can be rejected on basis of defence taken by defendants in written statement on ground of non-disclosure of cause of action by plaintiffs. (2004) 9 SCC 512, AIR 2006 SC 1828, Rel. on. (Para 14) (B) Civil P.C. (5 of 1908) , O.7 R.11— Rejection of plaint - Scope - O.7, R. 11 only deals with rejection of plaint - No suit can be dismissed by invoking powers u/O. 7, R. 11. Rejection of plaint on any of grounds mentioned in O. 7, R. 11, CPC shall not on its own course preclude plaintiff from presenting fresh plaint in respect of same cause of action. Rejection of plaint and dismissal of suit are different and distinct. These are two different connotations having its own effects/consequences which cannot be mixed up. O. 7, R. 11, CPC deals only with rejection of plaint. Invoking powers under O. 7, R. 11, no suit can be dismissed. Dismissal of suit has wider impact which takes away rights of plaintiff for presenting fresh suit in respect of same cause of action. Trial Court dismissing suit by exercising powers under O. 7, R. 11, CPC is wholly unjustifiable and same cannot be sustained in law.(Para 16) .....