Rejection of Plaint--O.2 R.2 CPC Bar Cannot Be Adjudicated at Threshold Stage Under Order VII Rule 11(d) Without Evidence
A plaint cannot be rejected under Order VII Rule 11(d) of the CPC on the ground that the suit is barred by Order II Rule 2. Order VII Rule 11(d) applies only where the suit is barred by any law, apparent from the face of the plaint itself. Order II Rule 2 does not bar filing of a suit but restricts reliefs where claims have been relinquished or omitted. Determining whether Order II Rule 2 applies requires comparison of causes of action through evidence, and cannot be decided at the threshold stage by conjoint reading of two plaints. Such an exercise amounts to treating pleadings as evidence, which is impermissible at the stage of rejection of plaint. Thus, Order II Rule 2 CPC Not Ground for Rejection of Plaint Under Order VII Rule 11(d)
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