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TMI Blog2017 (8) TMI 1741X X X X Extracts X X X X X X X X Extracts X X X X ..... 330 of 2016 in April, 2016 praying for the following reliefs: a) Pass a Money Decree in a sum of Rs. 1,44,01,365/- with further interest both future and pendente lite @ 18% p.a. in favour of the Plaintiff & against the Defendants, jointly & severally, till its complete realization along with cost of the present proceedings; b) Direct the Defendants to furnish TDS Certificates for the deduction made by them or pay further amounts towards non-payment of TDS from 31/03/14 which they were liable to pay to the concerned authority along with further interest & penalty towards non-payment of TDS 4. An application dated 08.07.2016 was filed by the Defendant(s) Under Order VII Rule 11 stating that the plaint disclosed no cause of action. By th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Plaintiff was prevented by any cause of an exceptional nature for correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the Plaintiff. What is important to remember is that the provision refers to the "plaint" which necessarily means the plaint as a whole. It is only where the plaint as a whole does not disclose a cause of action that Order VII Rule 11 springs into being and interdicts a suit from proceeding. 6. It is settled law that the plaint as a whole alone can be rejected Under Order VII Rule 11. In Maqsud Ahmad v. Mathra Datt & Co., : A.I.R. 1936 Lahore 1021 at 1022, the High Court held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were brought. The law does not change merely because the Plaintiff chooses in one suit to combine several causes of action against several Defendants which the law allows him. It still remains one plaint and therefore rejection of the plaint must be as a whole and not as to a part. I am therefore of the opinion that the learned Senior Subordinate Judge was in error in upholding the rejection as to a part and setting aside the rejection in regard to the other part. This appeal which I am treating as a petition for revision must therefore be allowed and the Rule made absolute, and I order accordingly. 8. In (Sree Rajah) Venkata Rangiah Appa Rao Bahadur and Anr. v. Secretary of State and Ors. A.I.R. 1931 Madras 175 at 176, the Madras High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hose inams. It was, therefore, held on the peculiar facts of that case that for the reasons given the suit would fail as a whole. 9. However, in Kalepu Pala Subrahmanyan v. Tiguti Venkata Peddiraju and Ors. A.I.R. 1971 A.P. 313, a single Judge referred to AIR 1931 Madras 175, and then held that the suit was barred by time in respect of only certain items of property and not in respect of others. Despite this, it was held that since the plaint as a whole should have been rejected, the baby was thrown out with the bathwater, and the entirety of the plaint and not merely the properties against which the suit could not proceed (as it was barred by limitation), was rejected. 10. We are afraid that this is a misreading of the Madras High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay the fair trial of the suit or that it is otherwise an abuse of the process of the Court. 12. In contrast to the above provisions, which apply on a demurrer, the provisions of Order XIV Rule 2, read as follows; 2. Court to pronounce judgment on all issues.-(1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of Sub-rule (2), pronounce judgment on all issues. (2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to- (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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