Boutique Litigation Law Firm - Retain Lawyers - Research based Law Firm - Complete legal services

Corporate Lawyer: Under O 7 R 11 CPC, either the plaint can be rejected as a whole qua all parties, or not at all; SC.

Supreme Court of India

Justice A.M. Khanwilkar and Justice Ajay Rastogi

The Supreme Court { Madhav Prasad Aggarwal Vs. Axis Bank Ltd. & Anr.) reiterated the plaint can be rejected under Order 7 Rule 11 CPC by the court as a whole not in piecemeal, i.e. qua all the reliefs and every party to the suit.

It was further observed as follows:

"11. We do not deem it necessary to elaborate on all other arguments as we are inclined to accept the objection of the appellant(s) that the relief of rejection of plaint in exercise of powers under Order 7 Rule 11(d) of CPC cannot be pursued only in respect of one of the defendant(s). In other words, the plaint has to be rejected as a whole or not at all, in exercise of power Order 7 Rule 11 (d) of CPC. Indeed, the learned Single Judge rejected this objection raised by the appellant(s) by relying on the decision of the Division Bench of the same High Court. However, we find that the decision of this Court in the case of Sejal Glass Limited (supra) is directly on the point. In that case, an application was filed by the defendant(s) under Order 7 Rule 11(d) of CPC stating that the plaint disclosed no cause of action. The civil court held that the plaint is to be bifurcated as it did not disclose any cause of action against the director’s defendant(s) 2 to 4 therein. On that basis, the High Court had opined that the suit can continue against defendant No.1­ company alone. The question considered by this Court was whether such a course is open to the civil court in exercise of powers under Order 7 Rule 11(d) of CPC. The Court answered the said question in the negative by adverting to several decisions on the point which had consistently held that the plaint can either be rejected as a whole or not at all. The Court held that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same against the others. In no uncertain terms the Court has held that if the plaint survives against certain defendant(s) and/or properties, Order 7 Rule 11(d) of CPC will have no application at all, and the suit as a whole must then proceed to trial."


As in the said case the plaint was rejected only qua respondent no. 1, which order was affirmed by the DB of Bombay High Court, the same was set aside by the Supreme Court and the appeal was allowed. As the impugned order was repleted with jurisdictional error.


Leave a comment

Please note, comments must be approved before they are published