Rejection of Plaint

2011(3) CURRENT TAMILNADU CASES – Page 153 – Division Bench

Order 7 Rule 11 – Application of rejecting plaint – Approach of court – Court to look into averments contained in Plaint for determining whether plaint discloses any cause of action and whether it is barred by any law – Court not required to consider defence set up by defendant in written statement – Moreover strength or weakness of a case of plaintiff is not to be examined – Court not to take into account materials beyond plaint to declare that case of plaintiff is frivolous or is barred by any law.