ORDER VII: PLAINT

A plaint can be rejected under Order VII Rule 11, CPC if bad for multifariousness. [PLR 2025 Sindh 4 = PLD 2025 Sindh 5]

— Rejection of plaint — Scope — Rejecting the plaint under Order VII, Rule 11, CPC is a drastic power conferred on the Court to terminate a civil action at the threshold — Therefore, the conditions precedent to exercising power under Order VII, Rule 11, CPC are stringent — Supreme Court has consistently held that the averments in the plaint must be read as a whole to determine whether it discloses a cause of action or whether the suit is barred under any law — This includes a bar created due to the lapse of the limitation period — At the stage of exercise of power under Order VII, Rule 11, CPC, if the averments in the plaint ex facie do not disclose a cause of action or on a reading thereof, the suit appears to be barred under any law; the plaint can be rejected — In all other situations, the claims will have to be adjudicated in the course of the trial. [PLR 2025 SC 3 = PLD 2025 SC 24 = 2024 SCP 384]