Says only plaint averments can be examined at preliminary stage; factual controversies must be decided on evidence during trial
Jammu, July 2: The High Court of Jammu & Kashmir and Ladakh has ruled that a plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure (CPC) if the case involves disputed questions of fact requiring evidence, reiterating that such controversies must be adjudicated during the trial and not at the preliminary stage.
The ruling came from Justice Sanjay Parihar while dismissing a revision petition that challenged a Trial Court’s decision refusing to reject a plaint in a property dispute arising out of a Memorandum of Family Settlement.
The High Court observed that while deciding an application under Order VII Rule 11 CPC, the court is confined only to the averments made in the plaint and cannot examine the defence raised by the opposite party or delve into disputed factual issues.
“The scope of consideration under Order VII Rule 11 CPC is confined to the averments made in the plaint. Where the controversy involves disputed questions of fact requiring evidence, rejection of the plaint would be wholly impermissible,” the Court observed.
Upholding the Trial Court’s order, the High Court dismissed the revision petition and reiterated that factual disputes can only be resolved after the parties lead evidence during the course of trial. It emphasized that courts cannot reject a plaint at the threshold merely because the defendant raises disputed factual contentions, as such issues must be determined on the basis of evidence during regular proceedings.KNC)
