Code of Civil Procedure, 1908:

Or.7, r.11 - Rejection of plaint - Plaintiffs filing suits for declaration that certain decrees and orders passed by courts are illegal, and are null and void - Defendants filing application for rejection of the plaint contending that it does not indicate any cause of action and is barred by res judicata - Trial court directing defendants to file written statement - Order affirmed by High Court - Held, the relevant facts to be looked into for deciding an application under Order 7, r.11 are the averments in the plaint - Trial court can exercise the power under Order 7, r.11 at any stage of the suit, before registering the plaint or after issuing summons to defendant or at any time before conclusion of trial - For purpose of deciding an application under clauses (a) and (d) of r.11 of Order 7, the averments in the plaint are germane and pleas taken in written statement would be wholly irrelevant at that stage - Therefore, direction to file written statement without deciding application under Order 7, r.11 would be procedural irregularity touching the exercise of jurisdiction by trial court - Order, therefore, suffers from non-exercising of jurisdiction vested in court as well as procedural irregularity - Order set aside - Matter remitted to trial court for deciding application under Order 7, r.11 on the basis of averments made in the plaint.