Cannot allow plaintiff to prosecute if cause of action is not disclosed: Supreme Court

Cannot allow plaintiff to prosecute if cause of action is not disclosed: Supreme Court

New Delhi:
The Supreme Court on Tuesday said it is necessary to put an end to bogus litigation to ensure that judicial time is not wasted.

Justice L. Nageswara Rao and Justice B.R. Gavai said that the termination of a civil case is a coercive action, but courts cannot allow a trial to proceed if it does not disclose the cause of action.

“This Court has held that the underlying object of Order 7 Rule 11 of the CPC (Code of Civil Procedure) is that when a plaintiff does not disclose the cause of action, the Court may unnecessarily prolong the proceedings,” the bench said. will not allow. ruled that it would be necessary to put an end to the fake trial in such a case so that further judicial time is not wasted.

The apex court delivered the verdict on an appeal filed by Rajendra Bajoria on the interpretation of the order with regard to the issue of rejection of civil cases in the courts.

The bench said that the power given to the court to quash a civil action is a draconian one, and the conditions mentioned under the order need to be strictly adhered to.

The bench said, however, under Order 7 Rule 11 of the CPC, the duty is cast on the court to determine whether the plaintiff, by examining the presumptions in the plaint, read in conjunction with credible documents, or whether the suit is Whether or not discloses the cause of action. prohibited by any law.

The top court dismissed Bajoria’s appeal challenging the order of a division bench of the Calcutta High Court in a dispute relating to inheritance of properties by legal heirs of original partners in a partnership firm. The partnership deed was entered in December 1943.

“It is held that if the clever drafting has created an illusion of cause of action, and the reading shows that the pleadings are clearly vexatious and meritless in the sense of not disclosing the apparent right to sue,” the bench said. The court should exercise its power under Order 7 Rule 11 of the CPC.

It was further said that such litigation should be rooted out in the first hearing itself.

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