For the purpose of invoking Order 7 Rule 11 (d) of the Code, no amount of evidence can be looked into. What would be relevant for arriving at the conclusion that the suit is barred by, are the averments made by the plaint

 

Citation	:(2008) 12 SCC 661
Cause Title	: Civil Appeal 3038 of 2008 Kamala  and Others v. K.T. EshwaraSA and Others
Bench	:S.B.Sinha and V.S. Sirpukar, JJ
DoJ	: April 29, 2008

 

Subject : Order 7 Rule11(d) of Code of Civil Procedure :

Whether it is permissible for Court to look into evidence or consider disputed question of fact or law, for arriving at the conclusion that the suit is barred by any law?

-“No”. For the purpose of invoking Order 7 Rule 11 (d) of the Code, no amount of evidence can be looked into. What would be relevant for arriving at the conclusion that the suit is barred by, are the averments made by the plaint.                                                     (Paras 19, 21,22,23,25)

 

19. Order 7 Rule 11 of the Code provides for rejection of plaint, clause (d) whereof specifies “where the suit appears from the statement in the plaint to be barred by any law”.

21. Order 7 Rule 11(d) of the Code has limited application. It must be shown that the suit is barred under any law. Such a conclusion must be drawn from the averments made in the plaint. Different clauses in Order 7 Rule 11, in our opinion, should not be mixed up. Whereas in a given case, an application for rejection of the plaint may be filed on more than one ground specified in various sub-clauses thereof, a clear finding to that effect must be arrived at. What would be relevant for invoking clause (d) of Order 7 Rule 11 of the Code are the averments made in the plaint. For that purpose, there cannot be any addition or subtraction. Absence of jurisdiction on the part of a court can be invoked at different stages and under different provisions of the Code. Order 7 Rule 11 of the Code is one, Order 14 Rule 2 is another.

22. For the purpose of invoking Order 7 Rule 11(d) of the Code, no amount of evidence can be looked into. The issues on merit of the matter which may arise between the parties would not be within the realm of the court at that stage. All issues shall not be the subject-matter of an order under the said provision.

23. ... The question involving a mixed question of law and fact which may require not only examination of the plaint but also other evidence and the order passed in the earlier suit may be taken up either as a preliminary issue or at the final hearing, but, the said question cannot be determined at that stage.

25….. But, then the broad principle which can be culled out therefrom is that the court at that stage would not consider any evidence or enter into a disputed question of fact or law. In the event, the jurisdiction of the court is found to be barred by any law, meaning thereby, the subject-matter thereof, the application for rejection of plaint should be entertained.