Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All, Reiterates SC

Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All, Reiterates SC [Read Judgment]

" If the plaint survives against certain defendant(s) and/or properties, Order 7 Rule 11(d) of CPC will have no application at all, and the suit as a whole must then proceed to trial."

Ashok Kini

Update: 2019-07-02 09:44 GMT

Plaint can either be rejected as a whole or not at all, remarked the Supreme Court while reiterating that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same against the others.

In this case [Madhav Prasad Aggarwal vs. Axis Bank], the plaintiffs filed a suit against a builder and others including the Axis Bank. The bank filed a Notice of Motion under Order 7 Rule 11(d) of CPC on the ground that the suit(s) against it would be barred by provisions of Section 34 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. Though the single bench dismissed the said Notice of Motion, the Division bench of the High Court allowed it. It held that the plaint against the bank was not maintainable, being barred by Section 34 of the 2002 Act.