RAJESH SHARMA Vs. NEHA AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the Petitioner has beseeched to quash and set -aside the order dated 20th July, 2010, whereby the learned Additional District Judge Gangapur City, dismissed the application filed by the Defendant -Petitioner under Order 7 Rule 11 Code of Civil Procedure.

(2.) HAVING heard the learned Counsel for the Petitioners it is noticed that the Defendant -Petitioner moved the application under Order 7 Rule 11 of Code of Civil Procedure for dismissing the plaint, but the learned trial court dismissed the application observing that on the basis of averments made in the plaint, it could not be said that the plaint was not within limitation or No. cause of action had accrued to the Plaintiff.

(3.) IN Saleem Bhai and Ors. v. State of Maharashtra and Ors. reported in : 2003 (1) SCC 557, the Hon'ble Apex Court has held with reference to Order VII Rule 11 of the Code that "the relevant facts which need to be looked into for deciding an application thereunder are the averments in the plaint. The trial court can exercise the power at any stage of the suit before registering the plaint or after issuing summons to the Defendant at any time before the conclusion of the trial. For the purposes of deciding an application under Clauses (a) and (d) of Order VII Rule 11 of the Code, the averments in the plaint are germane; the pleas taken by the Defendant in the written statement would be wholly irrelevant at that stage."