LAXMINARAYAN PARMESHWARLAL JAISWAL Vs. PRAVIN PRITHVIRAJ JAISWAL

JUDGEMENT

(1.) By this application, the applicant original defendant No. 1 has taken an exception to the legality and correctness of the order dated 18.07.2017 thereby rejecting the application (Exh.46) filed for rejection of plaint on the ground that the plaint is barred by law as provided under Order 7, Rule 11(d) of the Code of Civil Procedure, passed by Civil Judge Junior Division, Barshitakli, in Regular Civil Suit No. 74 of 2016.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent.

(3.) It is well settled law that when an application under Order 7, Rule 11(d) of the Code of Civil Procedure is filed, the Court has to confine its enquiry only to the pleadings in the plaint. The Court cannot travel beyond those pleadings and look into the defence taken by the defendant. A useful reference in this regard may be made to the case of Hardesh Ores Pvt. Ltd v. M/S. Hede and Company, reported in (2007) 5 SCC 614. Now bearing in mind these principles of law, let us examine whether the impugned order is consistent with the settled principles of law or not.