Synopsis

This judgment by a Division Bench of the Delhi High Court allows an appeal against an order of a learned Single Judge who had rejected a plaint under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (CPC). The Single Judge had held that the plaintiff's suit for trademark infringement, passing off, and copyright violation disclosed no cause of action and was "illusory." The Division Bench reversed this decision, holding that the Single Judge had exceeded the limited scope of inquiry under Order VII Rule 11(a) by conducting a mini-trial, relying on documents filed by the defendant, and making conclusive findings on disputed facts. The court reiterated that at the stage of considering rejection of a plaint, only the averments in the plaint and its annexures are to be considered, and they must be presumed to be true. The suit was restored to its original number for trial on merits.

1. Heading for the judgment

Citation: Coromandel Indag Products India Ltd. v. Sumitomo Chemical Company Ltd. & Anr., RFA(OS)(COMM) 22/2025, decided on 17.03.2026 (Delhi High Court - DB)
Coram: Hon'ble Mr. Justice Om Prakash Shukla and Hon'ble Mr. Justice C. Hari Shankar (Division Bench)
Core Law: Code of Civil Procedure, 1908 (Order VII Rule 11); Trade Marks Act, 1999; Copyright Act, 1957.

Delhi High Court sets aside rejection of plaint under Order VII Rule 11(a), holds that Single Judge erred by conducting a mini-trial and relying on defendant's documents at the threshold.

2. Legal framework

This judgment provides a comprehensive exposition of the law governing the rejection of plaints for non-disclosure of a cause of action.

• Code of Civil Procedure, 1908 (CPC):
  Order VII Rule 11(a): The central provision. It mandates the rejection of a plaint where it does not disclose a cause of action. The court extensively analyzed the scope and limits of this provision.
  Order VI Rule 2(1): Requires pleadings to state material facts, not evidence. The omission of a material fact can render the cause of action incomplete.
  Order VII Rule 14: Pertains to the production of documents relied upon by

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