In Brief
Alpana Gupta filed a suit against APG Towers Pvt. Ltd. for declaration, permanent injunction, and damages. The Trial Court dismissed the suit under Order 7 Rule 11, CPC at the plaint scrutiny stage based on the defendants' objections. The Supreme Court held that preliminary objections to a plaint should not result in dismissal under Order 7 Rule 11 unless the plaint is manifestly frivolous or clearly discloses no reasonable cause of action. The proper remedy is for the defendant to file a written statement. The Court allowed the appeal, set aside the dismissal, and directed the Trial Court to decide the suit on merits after hearing both parties.
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