Rejection of Plaint -- One Relief Legally Untenable -- Other Reliefs Maintainable -- Plaint Cannot be Rejected in Entirety
A plaint cannot be rejected in its entirety under Order 7 Rule 11 CPC merely because one of the prayers or reliefs sought therein is found to be legally untenable, so long as the other reliefs claimed in the plaint are maintainable and are based on independent and distinct causes of action. Rejection of the entire plaint in such circumstances would be improper and contrary to the settled principles governing Order 7 Rule 11 CPC -- CPC, 1908 -- Order 7 Rule 11.
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