The Supreme Court observed that an application for rejection of the plaint under Order VII Rule 11 CPC shall be decided based on the averments made in the plaint, and does not consider the defendant's defence or any external evidence.

A bench of Justices JB Pardiwala and Manoj Misra set aside the Punjab & Haryana High Court's ruling, which rejected the plaint at the threshold, taking into account the defendant's defence while ignoring the averments made in the plaint.

“while considering rejection of the plaint thereunder only the averments made in the plaint and nothing else is to be considered to find out whether the suit is barred by law. At this stage, the defence is not to be considered. Thus, whether the suit is barred by any law or not is to be determined on the basis of averment

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