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963 Gurdev Singh V Harvinder Singh 9 Nov 2022 444457

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963 Gurdev Singh V Harvinder Singh 9 Nov 2022 444457

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© © All Rights Reserved
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2022 LiveLaw (SC) 963

IN THE SUPREME COURT OF INDIA


M.R. SHAH; J., M.M. SUNDRESH; J.
Petition for Special Leave to Appeal (C) No. 19018/2022; 09-11-2022
GURDEV SINGH versus HARVINDER SINGH
Code of Civil Procedure, 1908; Order VII Rule 11 - Rejection of Plaint - The case on
behalf of the petitioner is that the plaintiff is not entitled to any relief in the suit. The
aforesaid cannot be a ground to reject the plaint at the threshold in exercise of
powers under Order 7, Rule 11 CPC.
(Arising out of impugned final judgment and order dated 10-10-2022 in CRN No. 3324/2022
passed by the High Court of Punjab & Haryana at Chandigarh)
For Petitioner(s) Mr. Arun Kumar Goyat, Adv. Mr. Subhasish Bhowmick, AOR
ORDER
The application preferred by the petitioner to reject the plaint under Order 7 Rule 11
of the Code of Civil Procedure, 1908 (CPC) has been dismissed by the Trial Court which
has been confirmed by the High Court. It is the case on behalf of the petitioner that the
plaintiff is not entitled to any relief in the suit. The aforesaid cannot be a ground to reject
the plaint at the threshold in exercise of powers under Order 7, Rule 11 of the CPC. The
learned Trial court has rightly rejected the application under Order 7, Rule 11 of the CPC,
which is rightly not interfered with by the High Court. We are in complete agreement with
the view taken by the High Court. The Special Leave Petition stands dismissed.
Pending application(s), if any, shall stand disposed of.

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