RAJ NARAIN SARIN Vs. LAXMI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) In an application under Order 7 Rule 11, read with Section 151 of the code of Civil Procedure for rejection of plaint, learned Additional District judge, Agra, by his order dated 23-10-1992, rejected the plaint. Learned judge in coming to such a conclusion of rejection did place strong reliance on a decision of this Court in the case of T. Arivandandam v. T. V. Satyapal wherein this Court categorically laid down that if on a meaningful reading of the plaint, it manifestly appears to be vexatious and meritless, in the sense of not disclosing a clear right to sue, the trial court should exercise its power under Order 7 Rule 11 of the Code of Civil Procedure taking care to see that the ground mentioned therein is fulfilled since bogus litigation ought to be shot down at the earliest stage. Incidentally, Order 7 Rule 11 as engrafted in the Code of Civil Procedure envisages four specific cases for rejection of the plaint. Order 7 Rule 11, for the sake of convenience, is set out below:

(3.) It is convenient to note at this juncture that in an application for rejection of the plaint under Order 7 Rule 11, the law has been rather well settled for quite some time in a long catena of cases that the plaint should be taken as it is and the application should be considered on the basis of the averments in the plaint itself and no external aid is available to the court for the purpose. It has also been the well-settled principle of law that the law court should be rather hesitant to exercise the jurisdiction under Order 7 Rule 11 unless the factual score warrants such exercise and the matter in issue falls within the four corners of the requirement of the statute. It is for this purpose, however, the necessary averments in the plaint ought to be considered. Paras 6, 7, 8 and 9 of the plaint being the necessary averments in the plaint ought to be noticed at this juncture and the same be read as below: