JUDGEMENT
VALMIKI J.MEHTA, J. -
(1.)THE law with respect to orders in an application under Order VII Rule 11 CPC is now well settled by thousands and thousands of judgments of Supreme Court. In an application under Order VII Rule 11 CPC, the
defence of merits is not to be seen and the contents of the plaint are deemed
to be correct.
(2.)THE subject suit is suit for recovery of arrears of rent. Merely because the defendant/petitioner is contesting the tenancy on merits, an application
under Order VII Rule 11 CPC will not lie because all aspects of merit as to
disputed questions of fact requiring trial will have to be decided in
accordance with law at the stage of final arguments after evidence is led by
both the parties and not in an application under Order VII Rule 11 CPC.
(3.)ONE fails to understand why litigants are being advised by counsels that the suit should be decided at the stage of pleadings by filing an
application under Order VII Rule 11 CPC. The application filed under Order
VII Rule 11 CPC in fact does violate the language of order VII Rule 11 CPC
which states that the contents of the plaint are taken to be correct and cannot
be disputed at the time of deciding the application under Order VII Rule 11
CPC.
In view of the above, I do not find any merit in the petition by which the impugned order dated 15.10.2013 dismissed the application under Order
VII Rule 11 CPC is challenged, and the same is therefore dismissed with
costs of Rs. 5,000/ -. Costs shall be paid within a period of four weeks from
today.
C.R.P. 223/2013 & CM No. 19817/2013 (stay)
In view of the reasoning given above, this petition is also dismissed
with costs of Rs.5,000/ -. Costs shall be paid within four weeks from today.
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