SANJAY SAHU Vs. MANOJ BERIWAL AND OTHERS

JUDGEMENT

(1.) Heard on admission.

(2.) On behalf of the Applicant, it is submitted that the ground taken in his application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short 'the CPC') was with regard to the fact that the suit is barred by limitation.

(3.) To examine the aforesaid requirement, Order VII Rule 11 of the CPC has to be appreciated with regard to the pleadings mentioned in the plaint. The Order VII Rule 11 of the CPC which relates to rejection of the plaint was examined by the Court below and held that the objections raised are the subject matter of defence of Defendant No. 1 as he can plead those facts in the written statement and on the basis of the pleadings of the parties issues may be framed and the same may be disposed of after recording of evidence of both the parties. It shows that the points raised in the application are still subject matter to be pleaded in the written statement and it shall be for the trial Court to frame the issues. According to the pleadings made by the parties, as per law, it is for the trial Court to dispose of those issues either as primary issues or otherwise, as the case may be.