IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1019 of 2007 VIJAY KUMAR SINGH Versus ANIL KUMAR ----------- 2 7/7/2008 This Civil Revision Application, directed against the order dated 12.4.2007 rejecting application of the petitioner seeking rejection of the plaint on the ground that there was no cause of action for filing the suit and as such the suit was barred under order VII Rule 11 of the Code of Civil Procedure, is wholly without substance in view of clear finding of the court below in the impugned order holding that there was a clear cause of action spelt out in the plaint. Sufficiency of the cause of action or whether there is a valid of action cannot be gone into in an application under order VII Rule 11 of the Code of Civil Procedure and therefore the court below has not committed any material irregularity in rejecting the application. Further it appears from the order of the court below that the similar prayer made earlier was already rejected, but that was not challenged by the petitioner while he has assailed other part of the impugned order in his separate civil revision application. This would be infact additional reason for not allowing the petitioner to agitate the question with regard to suit being barred 2 under order VII Rule 11 of the C.P.C. Consequently, there is no merit in this application which is accordingly dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar