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At which stage can a plaint be rejected during a trial

In The trial of a suit commences with the framing of issues. The trial of the suit commences at the stage of the first witness of the plaintiff adducing evidence and concludes with the argument of the parties. In the case of Samar Singh v. Kedar Nath & Ors. reported in AIR 1987 SC 1926 the Supreme Court held that Order VII Rule 11 of the Code does not ,either expressly or by necessary implication, provide that the power under the said provision should be exercised at a particular stage only and in the absence of any restriction placed by the statutory provision, it is open to the Court to exercise that power at any stage. Even in the subsequent decision in the case of Saleem Bhai and Ors. (supra) relied upon by the defendant petitioner the Supreme Court held that the trial Court can exercise power under Order VII Rule 11 of the Code, at any stage of the suit and at any time before the conclusion of the trial.

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