Code of Civil Procedure, 1908–Order 11, Rule 14 & Order 7, Rule 11–Order of allowing the application under Order 11, Rule 14–Sustainability–Initially, the plaint had been rejected by invoking the provisions of the Order 7, Rule 11 and the stage for leading evidence was not arrived in the suit–In the regular first appeal, pending before the First Appellate Court, the Appellate Court was not enjoined the merits of the controversy–It was only to examine the validity of the Trial Court’s order rejecting the plaint–Appellate Court was to see the contents of the plaint and nothing beyond–First Appellate Court was unnecessarily influenced by the observations made by this Court in Criminal SLP–Order is totally misconceived and suffers from an error of exercise of jurisdiction–Set aside.
