SEJAL GLASS LTD. versus NAVILAN MERCHANTS PVT. LTD.

SEJAL GLASS LTD. versus NAVILAN MERCHANTS PVT. LTD.

Under Order VII Rule 11 CPC, rejection of plaint applies only to the plaint as a whole. Partial rejection of plaint is not permitted. If the plaint survives against some defendants, the suit must proceed to trial. Order VI Rule 16 is applicable for striking out portions of pleadings, not for partial rejection of plaint. Order XIV Rule 2 applies only after issues are struck, i.e., after written statement is filed.

Parties
Appellant: Sejal Glass Ltd.; Respondent: Navilan Merchants Pvt. Ltd.
Jurisdiction
India
Judgment Date
21 August 2017
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of the High Court of Delhi
Outcome
Impugned judgment set aside; Appeals disposed of.
Legal Topics
Rejection of Plaint Under Order VII Rule 11, Striking Out Pleadings Under Order VI Rule 16, Preliminary Issues Under Order XIV Rule 2
Civil Procedure Rejection of Plaint Under Order VII Rule 11 Striking Out Pleadings Under Order VI Rule 16 Preliminary Issues Under Order XIV Rule 2

Case Brief

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Parties

Sejal Glass Ltd.

Appellant

Navilan Merchants Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of the High Court of Delhi

Legal Issues

  1. 1 Whether a plaint can be rejected against some defendants and not others under Order VII Rule 11 CPC
  2. 2 Whether a partial rejection of plaint is legally permissible
  3. 3 Applicability of Order VI Rule 16 and Order XIV Rule 2 CPC for striking out pleadings and preliminary issues

Ratio Decidendi

Under Order VII Rule 11 CPC, rejection of plaint applies only to the plaint as a whole. Partial rejection of plaint is not permitted. If the plaint survives against some defendants, the suit must proceed to trial. Order VI Rule 16 is applicable for striking out portions of pleadings, not for partial rejection of plaint. Order XIV Rule 2 applies only after issues are struck, i.e., after written statement is filed.

Court Disposition

Impugned judgment set aside; Appeals disposed of.

Orders

  • Defendants granted eight weeks' time to file written statement.
  • Suit to proceed to be tried after written statement is filed.