WPMS No. 1399 of 2009 Hon. Prafulla C. Pant, J. Shri Dharmendra Barthwal, Advocate for the petitioner/defendant. Shri Neeraj Upreti, Advocate for respondents No. 1 to 11. Shri M.C. Tiwari, Standing Counsel for respondent No. 13. Heard learned counsel for the parties. By means of this petition, moved under Article 226 read with 227 of Constitution of India, the petitioner/defendant has challenged the order dated 01.08.2009, passed by Wakf tribunal/District Judge, Nainital, in Wakf Case No. 2 of 2009, whereby application 36-C, moved under Order VII Rule 11 of the Code of Civil Procedure, 1908, is dismissed. Having heard learned counsel for the parties and after going through the impugned order and other papers on record, this Court does not find any error of law, committed by the trial court in rejecting the application 36-A, moved by the Wakf Board, as for the purposes of rejecting the plaint under Order VII Rule 11 of C.P.C., only the averments of the plaint are required to be seen. Where factual aspect has been disputed as to the cause of action and maintainability of the suit, issue can be framed after the defendant raises such plea in his written statement. The parameters of Order VII Rule 11 are limited. For the reasons, as discussed above, this petition is dismissed summarily with the observation that the defendant/petitioner may take plea in the written statement in respect of factual aspect, raised in his application 36-A, as to the maintainability of the suit. Whereupon the trial court shall frame the issue along with other issues, and may decide the same in accordance with law. (Stay application No. 7272 of 2009, also stands dismissed). (P. C. P., J.) Dt. 24.08.2009 S