The Code of Civil Procedure, 1908  - Order VII Rule (11)

Rejection of plaint as the cause of action was ceased to exists - mother and son filed a suit for declaration and injunction against the her husband etc., - in divorce proceedings the high court order to pay Rs.4 lakhs to the mother and in turn she has to deliver the possession of plaint schedule properties - mother complied the high court order after receiving 4 lakhs from her husband and filed an application to delete her name in the suit - once her name was deleted , the defendant filed an application under Or.7 Rule 11 C.P.C. as there is no cause of action remains - Trial court dismissed the application but High court allowed the same - Apex court held that the high court correctly allowed the rejection petition as the son alone can not maintain any cause of action against his father etc., and dismissed the appeal.

Topic(s)-Rejection of Plaint