THE CHURCH OF CHRIST CHARITABLE TRUST & EDUCATIONAL CHARITABLE SOCIETY, REPRESENTED v. M/S PONNIAMMAN EDUCATIONAL TRUST

favour of defendant no. 2. On 19.10.1990, the appellant Society executed a registered power of attorney in favour of defendant no. 2 for limited purpose enabling him to represent the Society before the authorities. However, the said power of attorney was revoked on 15.10.1991 by a registered document. Since defendant no. 2 failed to comply with the commitments, the appellant-Society, on 19.11.1991 cancelled the agreement of sale dated 7.1.1990. The suit filed by defendant no. 2 challenging the said cancellation was withdrawn in the year 2006. c Meanwhile, on 4.8.2001, defendant no. 2 entered into a Memorandum of Understanding with the respondent plaintiff to sell certain portion of property as the agreement-holder and power of attorney agent of the appellant-Society. On 24.11.2004, the respondent-plaintiff filed C.S. No. 115 of 2005 for specific performance of agreement dated 4.8.2001 and also filed an application for interim injunction. Defendant no. 1-appellant Society filed an application under 0.7, r.11 CPC for rejection of the plaint. The single Judge of the High Court rejected the E plaint as regards the plaintiff-Society (defendant no.1). However, the Division Bench allowed the appeal against rejection of the plaint. Aggrieved, defendant no. 1-Society filed the instant appeal. 0 Allowing the appeal, the Court F HELD: 1.1 It is clear from the provisions of 0.7, r. 11 of the Code of Civil Procedure, 1908 that where the plaint . does not disclose a cause of action, or there are other 1 defects as mentioned in r.11 itself, the court has no othel" · G option except to reject the same. Further, the power ·~ under 0.7 r. 11 can be exercised at any stage of the suit either before registering the plaint or after the issuance of summons to the defendants or at any time before the conclusion of the trial. In order to consider 0. 7, r. 11, the court has to look into the averments in the plaint and the H CHURCH OF CHRIST CHARITABLE TRUST & EDU. CHARITABLE 407 SOCIETY v. PONNIAMMAN EDU. TRUST averments in the written statement are immaterial. If the A allegations are vexatious and meritless and not disclosing a clear right or material(s) to sue, it is the duty of the trial Judge to exercise his power under 0. 7 r.11. [para 6) [415-H; 416-A-B; F-G; 417-F-G) T. Arivandandam vs. T. V. Satyapa/ & Anr., 1978 (1) SCR 742 = (1977) 4 sec 467 : relied on B