Rejection of Plaint-- Order in Prior Proceedings--Defendant's Documents or Orders from Prior Suits Cannot Be Considered Under Order 7 Rule 11 CPC
Under Order 7 Rule 11 CPC, a plaint can be rejected only upon scrutiny of averments contained therein and documents filed by the plaintiff. Pleadings of the defendant and documents relied upon exclusively by the defendant, including orders from prior suits not filed by the plaintiff, cannot be considered at the threshold stage. Where maintainability involves mixed questions of law and fact, the issue must be framed as a preliminary issue for trial.
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