i.T.C. Ltd. Vs. Debts Recovery Appellate Tribunal and ors. - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/382192 |
| Subject | Civil |
| Court | Karnataka High Court |
| Decided On | Dec-19-1997 |
| Case Number | Civil Appeal No. 8864/1997 |
| Judge | Suhas C. Sen and ;M. Jagannadha Rao, JJ. |
| Reported in | ILR1998KAR3033 |
| Acts | Code of Civil Procedure (CPC) , 1908 - Order 7 Rule 11 |
| Appellant | i.T.C. Ltd. |
| Respondent | Debts Recovery Appellate Tribunal and ors. |
| Appellant Advocate | Soli J. Sorabje, ;S. Ganesh, ;Ravinder Narain, ;Ponitta and ;Juhi, Advs. ;for J.B.D. and Co. |
| Respondent Advocate | M.J.S. Rupal, ;U.A. Rana, ;Sudhanshu Tripathi, Advs. ;for Fox Mandal and Co., and ;S.N. Bhat, Adv. |
| Disposition | Appeal allowed |
Excerpt:
.....may state that in the context of order 7, rule 11, cpc, a contention that once issues have been framed, the matter has necessarily to go to trial has been clearly rejected by this court in azhar hussain v. rajiv gandhi as follows: ;'in substance, the argument is that the court must proceed with the trial, record the evidence, and only after the trial.... is concluded that the powers under the code of civil procedure for dealing with a defective petition which does not disclose cause of action should be exercised. with respect to the learned counsel, it is an argument which it is difficult to comprehend. the whole purpose of conferment of such powers is to ensure that a litigation which is meaningless and bound to prove abortive 'should not be permitted to occupy the time of the..........we may state that in the context of order 7, rule 11, cpc, a contention that once issues have been framed, the matter has necessarily to go to trial has been clearly rejected by this court in azhar hussain v. rajiv gandhi as follows: 'in substance, the argument is that the court must proceed with the trial, record the evidence, and only after the trial.... is concluded that the powers under the code of civil procedure for dealing with a defective petition which does not disclose cause of action should be exercised. with respect to the learned counsel, it is an argument which it is difficult to comprehend. the whole purpose of conferment of such powers is to ensure that a litigation which is meaningless and bound to prove abortive 'should not be permitted to occupy the time of the.....
Judgment:ORDER
VII RILE 11 - Whether the power to reject the plaint can be exercised even after the framing of issues and when the matter is posted for evidence - HELD - Can be rejected even at that stage .
We may state that in the context of Order 7, Rule 11, CPC, a contention that once issues have been framed, the matter has necessarily to go to trial has been clearly rejected by this Court in AZHAR HUSSAIN v. RAJIV GANDHI as follows:
'In substance, the argument is that the Court must proceed with the trial, record the evidence, and only after the trial.... is concluded that the powers under the Code of Civil Procedure for dealing with a defective petition which does not disclose cause of action should be exercised. With respect to the Learned Counsel, it is an argument which it is difficult to comprehend. The whole purpose of conferment of such powers is to ensure that a litigation which is meaningless and bound to prove abortive 'should not be permitted to occupy the time of the Court'
The above said judgment which related to an election petitionis clearly applicable to suits also and was followed in SAMARSINGH v. KEDAR MATH, We therefore hold that the fact thatissues have been framed in the suit cannot come in the way ofconsideration of this application filed by the appellant under Order7, Rule 11, CPC.