Saleem Bhai v. State of Maharashtra, AIR 2003 SC 759 - CLAT PDF Download

Introduction

This case pertains to the rejection of plaint, which is a crucial matter in civil litigation.

Facts

• The respondents, acting as plaintiffs, filed suits in 2002 contesting certain judgments and decrees.
• The eighth appellant sought the dismissal of these suits under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), claiming that the plaints were without merit.
• In response, the respondents filed an application under Order VIII Rule 10 CPC and another under Section 151 CPC, requesting the court to decide the application under Order VII Rule 11 before proceeding with other matters.
• The trial judge dismissed the application under Order VIII Rule 10 and Section 151 CPC, instructing the appellant to file a written statement.
• The appellant challenged this order through revision petitions to the High Court, which upheld the trial court's decision.
• The present appeals question the correctness of the High Court's ruling.

Issue Involved

• Whether an application under Order VII Rule 11 CPC should be decided based solely on the allegations in the plaint, making the filing of the written statement by the defendant unnecessary and irrelevant.

Observation

• Upon examining the relevant legal provisions, the court noted that for deciding an application under Order VII Rule 11 CPC, the relevant facts are those stated in the plaint.
• The trial court can exercise this power at any stage of the suit, and the written statement filed by the defendant is irrelevant at this stage.
• The court found that the trial court’s order, upheld by the High Court, lacked proper jurisdictional exercise and had procedural flaws.

Conclusion

• The court allowed the appeals, setting aside the common order and remitting the cases back to the trial court to decide the application under Order VII Rule 11 CPC based solely on the plaint's allegations.
• No costs were awarded in these civil appeals.