Rejection of Plaint -- Absence of Specific Prayer for Declaration -- General prayer for other relief may imply declaration sought
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Absence of Specific Prayer for Declaration -- Where a plaintiff has also prayed for any other relief to which he is entitled, the relief of declaration may be implicit in such a prayer. A plaint cannot be rejected on the ground that declaratory relief was not specifically sought. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Issues Requiring Adjudication on Merits -- Where the issue raised by the plaintiff requires consideration on merits, the plaint cannot be rejected at the threshold in exercise of power under this provision. (iii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Disclosure of Cause of Action -- Where the plaint discloses a cause of action, an application for its rejection is rightly dismissed.
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