The ground for rejection of plaint is failure to disclose a cause of action and not that there is no cause of action for the suit. It is not competent for the court to go into the correctness or otherwise of the allegations constituting the cause of action. In other words, the correctness or otherwise of the allegations constituting the cause of action is beyond the purview of Order VII, Rule 11(a) of the Civil Procedure Code.

Para 40: The ground for rejection of plaint is failure to disclose a cause of action and not that there is no cause of action for the suit. It is not competent for the court to go into the correctness or otherwise of the allegations constituting the cause of action. In other words, the correctness or otherwise of the allegations constituting the cause of action is beyond the purview of Order VII, Rule 11(a) of the Civil Procedure Code.

However, to find out whether the plaint discloses cause of action or not, the court has to consider the allegations made in the plaint intelligently and meaningfully and need not be influenced by ingenious and clever drafting creating illusion of cause of action. The ritual of repeating a word or creation of an illusion in the plaint can certainly be unraveled and exposed by the court while dealing with an application under Order VII, Rule 11(a) of the Civil Procedure Code.

The court must scan and scrutinize the allegations made in the plaint to find out whether forensic cleverness while drafting the plaint has been employed to get out of the clutches of Order VII, Rule 11 of the Civil Procedure Code and if on a careful scan and scrutiny of the pleading the conclusion of the court is in affirmative, the consequence of rejection of plaint must follow.

The court has to see while exercising its power for rejection of plaint, which it must whether, the allegations in the plaint as they stand, fail to prove the cause of action. While considering the question whether the plaint discloses any cause of action or not, the court has to find out from the allegations made in the plaint itself and not beyond it as to whether a bogus, wholly vexatious or frivolous litigation has been initiated by the plaintiff or that the claim made by the plaintiff is a legally recognizable claim. What is required to be disclosed by the plaintiff is a clear right to sue and failure to do so must necessarily entail in rejection of the plaint.

Para 45: Order VII, Rule 11 of the Civil Procedure Code casts a duty upon the court to reject the plaint if the circumstances indicates therein are found to be existing. It cannot be the law that this power of the court would be curtailed in any manner even if the court proceeds with the suit to some length, without application of mind, on this point.

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