N.D. Khanna vs Hindustan Industrial ...
1981 Latest Caselaw 237 Del

Citation : 1981 Latest Caselaw 237 Del
Judgement Date : 20 May, 1981

Delhi High Court

N.D. Khanna vs Hindustan Industrial ... on 20 May, 1981

Equivalent citations: AIR 1981 Delhi 305, 1981 (2) DRJ 241

Bench: S Singh

ORDER 7, RULES 1, 7, 11 & 13 Petition for eviction filed under proviso (e) to Section 14(1) of the Delhi Rent Control Act. 1958 without specifically pleading in the plaint that the landlady has no other reasonably suitable accommodaton. The respondent resisted the application on the ground that it does not disclose a cause of action. To this the petitioner stated that these averments were made in the 'notice' and in the replication. The petition was dismissed by the controller on the ground that it did not disclose a cause of action.

Held:

Order 7 Rule (1) (a) of the C.P.C. is mandatory. The cause of action has to be disclosed in the plaint and not in replication because there is no opportunity to the opposite party to rebut the same. However, the petition should have been rejected and not dismissed and the petitioner would be entitled to file a fresh petition on the same cause of action.

JUDGMENT

(1) Order 7 Rule (1) (a) of the Civil Procedure Code is mandatory. The cause of action has to be disclosed in the plaint and not in replication because there is no opportunity to the opposite party to rebut the same. However, the petition should have been rejected and not dismissed and the petitioner would be entitled to file a fresh petition on the same cause of action.