IF PLAINT REJECT UNDER ORDER 7 RULE 11(d) OF CPC THEN NO LIBERTY TO AMEND THE PLAINT

Case:- Sayyed Ayaz Ali vs. Prakash G Goyal

The bench of Justice in the Supreme Court observed that reject a paint under order 7rule 11(d) of CPC, the court can’t grant liberty to the plaintiff to amend the plaint.

Here in the case of the trial court permitted the plaintiff to amend the plaint and seeking appropriate reliefs.

Where the rejection of the plaint takes place under Order 7 Rule 11(d), there would be no question of granting time to the plaintiff to rectify the defects in the plaint, the High Court had observed.

In appeal, the apex court noted the proviso I Order 7 Rule 11 deals with the time fixed by the court for the correction of the valuation.

The high court also dismissed the writ petition filed by the plaintiff. The definition of the decree in Section 2(2) shall be included the rejection of a plaint.

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