Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court

22nd July,2021

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court



The Supreme Court held that while dismissing a plaint under Order 7 Rule 11(d) of Code of Civil Procedure, the Court can't allow freedom to the plaintiff to change the plaint. The stipulation to Rule 11 covers the cases falling inside the ambit of conditions (b) and (c) and has no application to a dismissal of a plaint under Order 7 Rule 11(d), the seat containing Justices DY Chandrachud and MR Shah noticed. For this situation, the Trial Court allowed the offended party to complete a change for looking for fitting reliefs. Permitting the Revision appeal, the High Court held that since the plaint was dismissed under Order 7 Rule 11(d) there was no event to coordinate that a correction be made to the plaint. Where the dismissal of the plaint happens under Order 7 Rule 11(d), there would be no doubt of conceding time to the offended party to correct the deformities in the plaint, the High Court had noticed.

In offer, the Apex Court seat noticed the stipulation all together 7 Rule 11 and said that it manages a circumstance where time has been fixed by the Court for the amendment of the valuation or for providing of the essential stamp paper. 13.....Under the stipulation, the time so fixed will not be broadened except if the court, for motivations to be recorded, is fulfilled that the offended party was forestalled by a reason for an outstanding nature from agreeing inside the time fixed by the court and that a refusal to expand time would make grave shamefulness the offended party. The stipulation obviously covers the cases falling inside the ambit of statements (b) and (c) and has no application to a dismissal of a plaint under Order 7 Rule 11(d). In the conditions, the High Court was legitimized in arriving at the resolution that the further course that was given by the Trial Judge was not in consonance with law.

For this situation, the High Court had excused the writ appeal recorded by the offended party against the request dismissing the plaint. "The meaning of ""order" in Section 2(2) "will be considered to incorporate the dismissal of a plaint". Consequently, the request for the Trial Court dismissing the plaint is dependent upon a first allure under Section 96 of the CPC. The writ request recorded by the appealing party was responsible to be dismissed on that ground.", the seat said while attesting the judgment of the High Court dismissing the writ request.