Case Name : T Arivandanam vs TV Satyapal Case Reference: (1977) 4 SCC 467 : (1978) 1 SCR 742 Case Number: SLP (C) No. 4483/1997 Court: Supreme Court Bench: 02 Coram: Krishna Iyer (Author), Jaswant Singh Date: 14.10.1977
If on a meaningful reading of the plaint, it is manifestly vexatious and meritless, not disclosing a clear right to sue, the power under Order VII rule 11 must be exercised. This must not be on a formal, but meaningful reading. Even if clever drafting creates illusion of cause of action, it must be nipped in the bud at the first hearing by examining party under Order X. An activist judge is the answer to irresponsible law suits
Refer also: Ram Singh vs Gram Panchayat Mehal Kalan (1986) 4 SCC 364
See also: CPC - Order X rule 1 CPC - Order X rule 2 CPC - Order VII rule 11