This case involves a legal dispute between Maheshbhai Hajibhai Sojitra, proprietor of Siddhi Lime, and Babu Lime Private Limited. The matter pertains to a civil revision application filed by Maheshbhai challenging the lower court’s order that rejected an application under Order VII Rule 11 of the Civil Procedure Code (CPC). The rejection was based on the contention that the suit filed by Maheshbhai was not within the jurisdiction of the proper court due to valuation issues and the nature of the dispute falling under the exclusive jurisdiction of a Commercial Court.
The main issue in this revision was whether the Civil Court could have rejected the plaint on the grounds of undervaluation or jurisdiction under Order VII Rule 11, especially considering that the suit involved matters of trademark infringement, passing off, and copyright infringement. Maheshbhai argued that the dispute was purely commercial and fell within the jurisdiction of the Commercial Court, which the defendant contended was not the case due to undervaluation and other technicalities. The lower court had rejected Maheshbhai’s application, leading to his filing of this revision.
The High Court, after hearing the arguments and reviewing the case records, found that the rejection of the plaint under Order VII Rule 11 was not justified. The Court observed that such a drastic step could only be taken if the suit discloses no cause of action and is barred by law, which was not established in this case. The Court emphasized that under Order VII Rule 11, the Court’s scope of inquiry is limited solely to the averments in the plaint and the valuation as per the plaintiff’s pleadings. It further noted that the valuation of the suit is to be based on the objection or the plaint itself, and any undertakings or subsequent assessments are of no consequence at this preliminary stage.
In conclusion, the High Court upheld the principle that applications under Order VII Rule 11 should only reject a plaint if the grounds are clearly and unambiguously established from the pleadings and valuation. The case was remanded, and the earlier order was corrected to reflect the proper legal citations and reasoning.
Case Title: Maheshbhai Hajibhai Sojitra Vs. Babu Lime Private Limited Date of Order: 05/05/2025 Case No.: R/CRA/447/2023 Neutral Citation: 2025:GUJHC:24876 Court: High Court of Gujarat, Ahmedabad Judge: Honourable Mr. Justice Sanjeev J. Thaker
