Urgent
sonal
(Querist) 13 March 2014
This query is : Resolved
hi guest,
pls tell me one thing employee has filed a case against employer for salary of 2 months clainming he has been terminated but fact is he has been absconding..che has noa ttached any termination letter in list of documents.
can suit be dismissed on oredr 7 rule 11 read with sec 25 A cpc?
is this s strong ground?
regards
ajay sethi
(Expert) 13 March 2014
If the trial court was convinced that the plaint read as a whole,
did not disclose any cause of action and was therefore liable to be rejected,
the court can in exercise of its powers under Order 7 Rule 11 CPC reject the plaint .
Fact remains that a suit once instituted by a litigant, has to be disposed of
strictly as per the procedure prescribed in the Code and not in a cursory or
summary fashion. In the case of Abdul Gafur & Anr. vs. State of
Uttarakhand & Ors., reported as (2008) 10 SCC 97, the Supreme Court
observed as below :
RFA No. 495/1999 Page 3 of 4 "16. It is trite that the rule of pleadings
postulate that a plaint must contain material facts. When the plaint read as a
whole does not disclose material facts giving rise to a cause of action which
can be entertained by a civil court, it may be rejected in terms of Order 7,
Rule 11 of the Code. Similarly, a plea of bar to jurisdiction of a civil court
has to be considered having regard to the contentions raised in the plaint. For
the said purpose, averments disclosing cause of action and the reliefs sought
for therein must be considered in their entirety and the court would not be
justified in determining the question, one way or the other, only having regard
to the reliefs claimed de’hors the factual averments made in the plaint
you can make application to court if you so desire .
Devajyoti Barman
(Expert) 13 March 2014
Truthfulness of cause of action has no bearing on the rejection of plaint.
It is disclosure not validity or genuineness which is the determining factor.
Guest
(Expert) 13 March 2014
Again an academic query from Sonal, probably, as of habit! Seems to be a vague query!
The question arises, in what way you are related to the employee or the employer?
R.K Nanda
(Expert) 13 March 2014
academic query.
Rajendra K Goyal
(Expert) 13 March 2014
The questions raised by the expert PS Dhingra ji need to be replied first.
