While Contesting Application Under Order VII Rule 11 CPC Only Contents Of Plaint Are To Be Seen: Punjab & Haryana High Court

[24 May 2022] Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11 of the Code of Civil Procedure, 1908 in a suit for declaration of title was dismissed, held that at the time of contesting the application under Order VII Rule 11 CPC only the contents of the plaint are to be seen and not the contents of the application or any other pleadings. It is trite that at the time of contesting the application under Order VII Rule 11 CPC only the contents of the plaint are to be seen and not those of the application under Order VII Rule 11 CPC or any other pleadings. Reliance was placed on Chhotanben & Anr. vs. Kiritbhai Jalkrushnabhai Thakkar & Ors., where the Supreme Court held that to answer an issue in the context of the application under Order VII Rule 11(d), it is relevant to examine the averments in the plaint. The Top Court added that defence available to the defendants or the plea taken by them in the written statement or any application filed by them, cannot be the basis to decide the application under Order VII Rule 11(d).