M M MALHOTRA Vs. DHARAM CHAND HANDA

JUDGEMENT

(1.) THE law with respect to orders in an application under Order VII Rule 11 CPC is now well settled by thousands and thousands of judgments of Supreme Court. In an application under Order VII Rule 11 CPC, the defence of merits is not to be seen and the contents of the plaint are deemed to be correct.

(2.) THE subject suit is suit for recovery of arrears of rent. Merely because the defendant/petitioner is contesting the tenancy on merits, an application under Order VII Rule 11 CPC will not lie because all aspects of merit as to disputed questions of fact requiring trial will have to be decided in accordance with law at the stage of final arguments after evidence is led by both the parties and not in an application under Order VII Rule 11 CPC.

(3.) ONE fails to understand why litigants are being advised by counsels that the suit should be decided at the stage of pleadings by filing an application under Order VII Rule 11 CPC. The application filed under Order VII Rule 11 CPC in fact does violate the language of order VII Rule 11 CPC which states that the contents of the plaint are taken to be correct and cannot be disputed at the time of deciding the application under Order VII Rule 11 CPC.