Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of the application–Appreciation of–Suit for permanent injunction–From the perusal of the plaint, the cause of action is clearly reflected–Bar of Sec. 41(h) of S.R. Act cannot be considered at this stage–Requisite Court Fees has been paid in view of the nature of relief–Further, such objection cannot be considered unless the Court has directed to the plaintiff to pay the deficient Court Fee–It can not be said that the suit is frivolous or vexatious in nature or barred by limitation–Trial Court rightly observed that the pleas raised by the defendant are mixed questions of facts and law, which cannot be considered at the stage of hearing an application under Order 7, Rule 11–Application was rightly dismissed.
