M. VIJAYARAMAN Vs. PETCHIAMMAL @ JEGATHA

JUDGEMENT

(1.) "Made out" is one thing, "made up" is another. Oxford Advanced Learner's Dictionary defines "made up" as "not true or real; invented". "Made out" has not been defined in standard dictionaries. But in legal parlance, it means "established" or "proved".

(2.) To maintain a Suit, the Plaint must disclose cause of action. Order 7 Rule 11(a) of C.P.C., provides for rejection of Plaint if it does not disclose a cause of action. In Dahiben v. Aravindbhai Kalyanji Bhanusaliji, 2020 (7) SCC 366, it was held that while considering an Application under Order 7, Rule 11, C.P.C., what is required to be decided is whether the Plaint discloses a real cause of action or something purely illusory. What is required is that a clear right must be made out in the Plaint. If, however, by clever drafting of the Plaint, it has created the illusion of a cause of action, it should be nipped in the bud, so that bogus litigation will end at the earliest stage. The Court must be vigilant against any camouflage or suppression and determine whether the litigation is utterly vexatious and an abuse of the process of the Court.

(3.) In the case on hand, the cause of action has been "made up" and not "made out".