2019 (2) TMI 1991 - HC - Companies Law

Rejection of the plaint - Rejection on the ground that the plaintiff not having any cause of action and claim in the plaint on the basis of averments made in the plaint being barred by time and plaintiff being not entitled to maintain the suit as a derivative action on behalf of defendant no.5 Umang Realtech Pvt. Ltd. - Order VII Rule 11(a) and (d) CPC - HELD THAT - Order VII Rule 11 of the CPC application has to be adjudged on the basis of the averments in the plaint and the documents filed therewith and the plaintiff, in the reply cannot improve its case and there is no need for a reply to such an application - The counsel for the plaintiff then seeks adjournment to argue the application. List on 15th May, 2019.

Summary

The Delhi High Court, in a case involving rejection of plaint, noted that the defendant filed an application under Order VII Rule 11(a) and (d) CPC. The plaintiff's counsel requested time to file a reply, but the court clarified that the application would be decided based on the plaint and documents already filed. The case was adjourned to 15th May, 2019 for further arguments.