Application for rejection of plaint can be filed at any stage and it shall be disposed before proceeding with trial: SC [Read Judgment]

Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court has reiterated in R. K. ROJA VS. U. S. RAYUDU AND ANOTHER.The High Court, in this case, had taken the view that the same “was not filed at the earliest opportunity” and that appellant. Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court has reiterated in R. K. ROJA VS. U. S. RAYUDU AND ANOTHER. An application under Order VII Rule 11 of the CPC can be filed at any stage, as held by this Court in Sopan Sukhdeo Sable and others v. Assistant Charity Commissioner and others … “The trial court can exercise the power at any stage of the suit – before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial. But once an application for rejection is filed, the court has to dispose of the same before proceeding with the trial.” However, taking into account the concern expressed by the High Court with regard to the alleged attempt on the part of the appellant for delaying the trial of the Election Petition, the bench heard the counsel appearing for the appellant on the application under Order VII Rule 11 of the CPC and observed that the said Application does not come within the purview of any of the situations under Order VII Rule 11 to of the CPC.