SANJAY Vs. AJIT SINGH BAJAJ

JUDGEMENT

(1.) THIS order shall dispose off the 8 petitions under section 115 of the Code of Civil Procedure, 1908 ("Code"), which arises from an order dated 27.11.2012 whereby the petitioner's application under Order 7 Rule 11 of the CPC was dismissed. The ground for dismissal of the application was twofold:

(2.) THE plaintiff had relied upon a case titled Gunian Khanna & Anr. (Ms.) v. Mr. Arunabha Maitra, 2010 IV AD (Delhi) 258 to contend that where there are mixed questions of fact and law, it cannot be decided without leading evidence. The Trial Court also relied upon the dictum in M.V. "Sea Success I" v. L & LSP & Indemnity Association Ltd. : AIR 2002 Bombay 151 in support of its conclusion that the correctness and the averments in the plaint is not to be seen at the time of adjudication of an application under Order 7 Rule 11 of the Code. The Trial Court further relied upon on D. Ramachandran v. R.V. Janakiraman, : (1999) 3 SCC 267 which held that where triable issues have arisen, the Court cannot dissect the pleadings into several parts and consider whether each of them disclose a cause of action, instead the entire plaint ought to be considered in its entirety. The impugned order thus concluded, that what is to be considered at the time of disposing off an application under Order 7 Rule 11 Code is merely the averments in the plaint irrespective of the contents of the written statement. The Trial Court also relied upon the judgment of the Supreme Court in Mayar (H.K.) Ltd. Vs. Owners & Parties, Vessel, M.V. Fortune Express : (2006) 3 SCC 100.

(3.) COUNSEL also relied upon the same judgments as have been mentioned herein above.