AIR 2016 SUPREME COURT 3282 ::2016 (3) AJR 712 ::(2016) 2 Orissa LR 606 ::(2016) 2 CLR 389 (SC) ::(2016) 133 RevDec 444 ::(2016) 3 CivLJ 911 ::(2016) 3 All RentCas 1 ::(2016) 3 CivilCourtC 790 ::(2016) 4 Pat LJR 103 ::2016 (14) SCC 275 ::(2016) 2 RecCivR 810 ::(2016) 6 Scale 729 ::AIR 2016 SC (Civil) 2157 ::(2016) 3 CurCC 120 ::(2016) 5 AllMR 446 (SC) ::(2016) 118 All LR 479 ::(2016) 5 Bom CR 487 ::(2017) 3 All WC 2572 ::(2016) 4 ICC 98 ::(2016) 5 AndhLD 18 ::(2017) 1 Mad LW 843 ::(2016) 4 JLJR 1 ::(2016) 4 JCR 201 (SC) ::2016 (4) KCCR SN 408 (SC) ::(2016) 3 UC 2181 ::(2016) 165 AllIndCas 150 (SC)

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): Kurian Joseph, R. F. Nariman , JJ

Civil P.C. (5 of 1908) , O.7 R.11— Rejection of plaint - Application for - Court cannot proceed with trial without disposing of application under O.7, R. 11. Once an application is filed under Order VII, Rule 11 of the CPC, the court has to dispose of the same before proceeding with the trial. There is no point or sense in proceeding with the trial of the case, in case the plaint (Election Petition in the present case) is only to be rejected at the threshold. Therefore, the defendant is entitled to file the application for rejection before filing his written statement. In case, the application is rejected, the defendant is entitled to file his written statement thereafter. In the present case, it is seen that Affidavit dated 15.03.2015, with a prayer ... 'to dismiss the present Election Petition under Order VII, Rule 11 of the CPC...', was filed within thirty days of the receipt of the summons in the Election Petition. However, the court was not inclined to consider the same in the absence of a formal application, and thus, application for rejection of plaint was filed on 22.02.2016 leading to the impugned order, posting the application for consideration at the time of final hearing. Held, the procedure adopted by the court is not warranted under law. Without disposing of an application under Order VII, Rule 11 of the CPC, the court cannot proceed with the t....