Whether suit can be dismissed against near and riseed against others? Striking out of parties under consecrate 7, Rule XI. Whether it amounts to partial rejection of plaint?
* Where a plaint discloses a cause of action against some of the defendants but none against the rest, the fitting trail is to discharge the defendants against whom no cause of action is bring out and to have their names struck off from the plaint and non to reject the plaint under Cl. (a) of rule XI It has been held in the Bakshi Gulam Md. V. G.M. Sadiq & Ors. AIR 1968 J&K 98 case that where a plaint appears to be barred by law as against some of the defendants and not against the rest, the proper course is to strike out the names of the former set of defendants and proceed with the suit against the others if the suit can under the law be maintained against them alone. However, there is a contrary view to this fire that the suit should be dismissed as against such defendants has been held in the following cases P.R. Sukeshwala & Anr. v. Dr. Davadatta V.S. Kerkar AIR 1995 Bom 227. So also it has been held where a plaint discloses the cause of action in respect of some of the reliefs claimed, the plaint cannot be rejected under this rule. Manicklal Memani v. Shiva Jute Bailing Ltd. (1948) 52 Cal WN 389.
Whether a writ can be filed in the march fact situation?
* The concept of partial rejection is apparently in-applicable to the provender of Order 7 Rule 11 of the Code of well-behaved Procedure; it would have its limited application in bear on to the provisions of Order 6 Rule 16 of the Code. there could be partial striking out of pleadings but no rejection of plaint. Partial acceptance or rejection or even admission charge of appeals in absence of a specific rule to that install was described by the Honble Supreme Court of India not a proper exercise of jurisdiction. - Arunesh Punetha v. Boston Scientific Corporation 2006 triple AD (Del) 141.
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