14th February, 2023

Rejection of Plaint - Burden on Court

The High Court of Delhi vide its order dated 19.01.2022 in the case of Capital Land Builders Pvt Ltd. v. Shiv Kumar Jindad & Ors.( 2022 SCC OnLine Del 176) held that while exercising the powers under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), the trial court is duty-bound to consider only the averments made in the plaint without delving into and examining the sufficiency of the evidence.

  • Litigation
Popular Knowledge Bank