R. GANESH Vs. ICICI BANK LTD.

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the order dtd. 9/12/2022, passed in I.A.No.2 of 2022 in O.S. No.1398 of 2022. The revision petitioner is the defendant and the respondent instituted a suit for recovery of money.

(2.) The revision petitioner/defendant filed an I.A. No.2 of 2022 under Order VII Rule 11 to reject the plaint. The Trial Court adjudicated the issues and made a finding that the plaintiff has stated that the bank sanctioned a car loan of Rs.6,49,500.00 on 17/11/2018 and the revision petitioner/defendant has agreed to repay the same in 67 months instalments at the rate of Rs.15,018.00 with the interest of 18.00 per cent, per annum. The plaintiff has also filed the documents along with the plaint, that is, the loan application submitted, wherein the revision petitioner had applied for loan and a copy of disbursement memo was also filed. When there is a definite cause of action projected in the plaint and the relevant documents are filed, the trial court dismissed the Interlocutory application for rejecting the plaint.

(3.) The power under Order VII Rule 11 of CPC is to be exercised sparingly by the Courts. All the suit are to be adjudicated on merits and in accordance with the law. Lenient view is certainly not desirable when the plaint and cause of action reveals certain facts and therefore, the Courts are expected to be doubly cautious while exercising the power under Order VII Rule 11 of CPC. There may be vexatious suits which all are instituted by the litigants. May that as it be. Even in such cases, if there are certain doubtful facts or otherwise, then conducting a trial would be more preferable than rejecting the plaint. Order VII Rule 11 of CPC enumerates rejection of plaint on certain circumstances as contemplated under sub-clause (a) to (f) in Rule 11.