2012 AIR CC 279 (AP) ::(2011) 5 AndhLD 381

Andhra Pradesh High Court

Hon'ble Judge(s): L. Narasimha Reddy , J

( A ) Civil Procedure Code (5 of 1908) O. 7 , R. 11 — Rejection of plaint — Application for — Plea based on res judicata or misinterpretation of judgment — Not sufficient for rejection of plaint.A plaint cannot be rejected only on the basis of a defence available to a defendant, and the question as to whether any averment in a plaint constitutes res judicata or is the basis of any misinterpretation of a judgment has to be considered at the hearing of the suit. Not at the threshold. Whether an exercise pertaining to rejection of a plaint is undertaken by the Court on its own accord, or at the instance of the defendants, the verification shall be only with reference to the contents of the plaint. It is only when the contents of the plaint on their face value and without the aid of any external material disclose that the suit is barred by any law or by limitation, or if it does not disclose any cause of action, that it can be rejected. The fact that a different version from what is stated in the plaint is possible, and the same would render the suit not maintainable; cannot be a ground to reject the plaint. At the most such contents can constitute the basis for framing of independent issues. In a given case, the defendant can request the Court to decide such precise question as preliminary issue, and decide the same at the threshold, without entering the arena of merits. Since rejection of a plaint would entail in virtual denial ....