- (1.) This revisional application is directed against an order dated November 23, 2007 passed by the Civil Judge (Junior Division) Bongaon in Title Suit no. 159 of 2004 rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant no. 1/petitioner herein. Assailing the said order the present revisional application is filed by the defendant no. 1.
(2.) Mr. Sabyasachi Bhattacharya, learned Advocate appearing on behalf of the petitioner submits that the trial court failed to consider that the plaint does not disclose any clear right to sue and is vexatious and harassive. In support of such contention Mr. Bhattacharya relies upon a judgment of the apex court T. Arivandandam vs. Satyapal & Anr., 1977 AIR(SC) 2421 Mr. Sudhis Dasgupta, learned Senior Counsel appearing on behalf of the plaintiff/ opposite parties submits that the scope of Order 7 Rule 11 is limited, unless the case comes within the ambit of such provision the court cannot reject the plaint.
(3.) Mr. Dasgupta further submits that the court cannot look into any document/material except the plaint at the time of disposal of an application under Order 7 Rule 11 of the Code of Civil Procedure. Mr. Dasgupta relies upon a judgment Liverpool & London S.P.& I Association Ltd. Vs. M.V. Sea Success I & Anr., 2004 9 SCC 512 for the proposition that the plaint should not be rejected merely on the ground that the averments are not sufficient to prove the facts stated therein.;