Summary
Order VII Rule 11 CPC permits rejection of a plaint as a whole, not selective rejection against some defendants while the suit continues against others. The Court set aside an order bifurcating a claim against a company and its directors, allowed eight weeks for a written statement, and left the Commercial Courts Act question open.
Issues
- Whether a plaint could be partly rejected against the directors while continuing against the company.
Provisions considered
- Order VII Rule 11; Order VI Rule 16; Order XIV Rule 2, Code of Civil Procedure, 1908The reproduced provisions distinguished whole-plaint rejection from striking objectionable pleadings and determination of a preliminary issue after pleadings and framing of issues. (¶¶ 5, 11–13)
Held
- A surviving cause against some defendants or properties prevents rejection under Order VII Rule 11; inability to proceed against one part does not automatically defeat the whole plaint. (¶ 5–10)
- Partial striking requires the grounds under Order VI Rule 16, which were not pleaded here. Order XIV Rule 2 could not assist before a written statement and framing of issues. (¶ 11–13)
- Eight weeks were allowed for the defence pleading; the legal question under the Commercial Courts Act was expressly left untouched. (¶ 14–16)
Result
Impugned judgment set aside; defendants granted eight weeks to file their written statement, following which the suit was to proceed to trial. Appeals disposed of.