$- 44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + c,R.P. 26120rr BHAGWAN ..... Petitioner Through: Ms. Kusum Lata Sharma, Adv. versus AIDAL SINGH DECD & ORS ..... Respondents Through: None - coRAM: HON'BLE MR. JUSTTCE S.L.BHAYANA ORDER o/o O4.O3.2O11 c.M! 4518/2011 Allowed, subject to all just exceptions. C.R.P. No. 2612O11 & CM No. 4517111 (stav) This petition has been filed by the petitioner under Section 115 CPC for setting aside the impugned order dated 2L.10.2010 passed by - learned trial Court. I have heard learned counsel for the petitioner and perused the impugned order, the relevant portion of which reads as under:- " Law is well settled in dealing the application u/o 7 R.i_l CPC. Under this application the court is only to look at the plaint and see whether it is maintainable or not. In Saleem Bhai and Others Vs. State of Maharashtra and Others, (2003) SCC 557, the Hon'ble Court has held:- Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 2/ -- -+t . )J !t' " A perusal of Order 7 R.lL CPC makes it clear that the relevant facts which need to be looked into for deciding an application there under are the averments in the plaint. The trial couft can exercise the power ulo 7 R.11 CPC at any stage. of the suit- before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial. For the purposes of deciding an application under clauses (a) and (d) of Rule 11 of Order 7 CPC, the averments in the plaint are germane; the pleas taken by the defendant in the written statement would be wholly irrelevant at that stage... " Hence, it cannot be said that the plaint in the present suit does not disclose any cause of action against the ,u ffit;?**: ff'"?lll3Yiii?apprication of the defendant is I do not find any infirmity in the order passed by learned trial Court. Dismissed. A copy of this order be sent to learned trial Court for compliance. S.L.BHAYANA,J ,^i MARCH o4,?OLL kb