As per the Code of Civil Procedure, whenever a suit is filed, the Court issues summon to the defendant to appear before the Court and answer the claim of the plaintiff by way of filing a written statement within a stipulated period provided under Order 8 Rule 1 of Civil Procedure Code (hereafter referred to as CPC)
The Court observed that, for the purposes of rejection of the plaint under Order VII Rule 11 of the CPC, the Court is duty bound to consider the contents of the plaint, and not to examine the sufficiency of the evidence or the defence put forth by the defendant
Anti-Suit injunction is instituted to prevent the opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country.
The Court while dismissing the appeal held that it is not for the Courts to grant opportunity to any party to amend the pleadings without any prayer made for the purpose.