Order 7 Rule 11

While scrutinizing the plaint averments, it is the bounden duty of the trial court to ascertain the materials for cause of action. The cause of action is a bundle of facts which taken with the law applicable to them gives the plaintiff the right to relief against the defendant. Every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms. It is worthwhile to find out the meaning of the words “cause of action”. A cause of action must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. It is useful to refer the judgment in Bloom Dekor Ltd. v. Subhash Himatlal Desai; (1994) 6 SCC 322, wherein a three-Judge Bench of the Court held as under: “28. By „cause of action‟ it is meant every fact, which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court, (Cooke v. Giff; (1873) LR 8 CP 107); in other words, a bundle of facts which it is necessary for the plaintiff to prove in order to succeed in the suit.” It is mandatory that in order to get relief, the plaintiff has to aver all material facts. In other words, it is necessary for the plaintiff to aver and prove in order to succeed n the suit.

The petitioners have not moved any application before the learned Trial Court for rejection of plaint under Order VII, Rule 11 C.P.C. Without resorting to the judicial forum, the petitioners have directly approached this Court which cannot capture or override, overlap or prevail over the hierarchical judicial system prevailing in this Country for centuries together.