GANGOTRI DEVELOPERS Vs. AJIT ANANTRAO BUTTE PATIL

JUDGEMENT

(1.) Appellant is impugning an order dtd. 16/1/2021 passed by the Additional Judge, Small Cause Court, Pune, rejecting the plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC). The Trial Court came to a conclusion that Plaintiffs' firm M/s. Gangotri Developers was not existing in the records of Registrar of partnership firms and Plaintiffs did not produce any document to show that Plaintiff No.1 and Plaintiff No.2 were mentioned as partners in the Register of Firms on the date the suit was filed, and hence the suit was barred under the provisions of Sec. 69 of the Indian Partnership Act, 1932.

(2.) Appeal was listed for admission today. Since the issue was short, i.e., could trial court summarily reject the plaint under Order VII Rule 11(d) of CPC on the ground of barred by law in force, with the consent of the counsel we decided to take up the Appeal for final hearing, at admission stage.

(3.) The law on the provisions of Order VII Rule 11 of CPC is quite settled. An application for rejection of plaint under Order VII Rule 11 of CPC can be entertained only if the plaint on the face of it discloses that the suit is barred by any law in force, and not by referring to materials which are sought to be placed on record by defendant in answer to the plaint. In case, defendant requires to refer to any material other than the plaint, like in this case has happened, certainly such an exercise is permissible by way of leading evidence after framing issues and satisfying the court about non-maintainability of the suit. But the same exercise cannot be done under Order VII Rule 11(d) of CPC. The courts have held on account of any material being available with defendant to prove that the suit being not maintainable, the same cannot be a ground to non-suit Plaintiff by exercise of power under Order VII Rule 11(d) of CPC. In order to get the necessary relief on the basis of such materials defendant will have to lead necessary evidence by producing such materials on record in accordance with the provisions of law and only thereupon the court can take appropriate decision as regards the objection sought to be raised by Respondents regarding non- maintainability of the suit.