Rejection of Plaint -- Alternative Remedy Under Specific Relief Act -- Not a ground for rejection at threshold
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Alternative Remedy Under Specific Relief Act -- Availability of an equally efficacious remedy under Section 41(h) of the Specific Relief Act does not justify rejection of a plaint. Such an issue can only be examined at the stage of final adjudication, after completion of pleadings and evidence. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Scope of Inquiry Under Order VII Rule 11 -- Examination at this stage is confined to averments made in the plaint and documents relied upon by the plaintiff. Defence raised by defendants cannot be taken into account. Where a meaningful reading of the plaint discloses a maintainable suit, the plaint cannot be rejected at the threshold.
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