RITA SOLOMON & ORS (N K DHENISH & ORS.) vs THE REPUBLIC OF ITALY & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.11.2025 Judgment pronounced on: 03.12.2025 + RFA(OS) 87/2019 RITA SOLOMON & ORS (N K DHENISH & ORS.) .....Appellants Through: Mr. Abhimanyu Garg, Ms. Preety Makkar, Mr. Shrutanjaya Bharadwaj, Mr. Aashish Dutta, Mr. Aman Abbi, Mr. Vivek Sura, Advs. versus THE REPUBLIC OF ITALY & ANR .....Respondents Through: Mr. Jaiveer Shergill, Mr. Gaurav Gupta, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE RENU BHATNAGAR JUDGMENT ANIL KSHETARPAL, J. 1. The issue that arises for consideration in the present Appeal is whether the learned Single Judge was justified in rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] on the sole ground that the suit did not contain any cause of action as pleaded. The rejection is assailed on the principal ground that the learned Single Judge misconstrued and misapplied the law relating to rejection of plaint under Order VII Rule 11 of the CPC, by subsuming the non-existence of cause of action within non-disclosure and conducting a premature appraisal of facts and merits. Signature Not Verified Signed By:JAI NARAYAN Signing Date:03.12.2025 RFA(OS) 87/2019 Page 1 of 9 15:59:46 2. The present Appeal challenges the order dated 01.05.2019 [hereinafter referred to as „Impugned Order‟] passed by the learned Single Judge, whereby the plaint instituted by the Appellants - Indian- origin employees of the Embassy of Italy in New Delhi claiming discrimination in payment of salary/pay in violation of Italian Presidential Decree No.103 of 2000 [hereinafter referred to as „Presidential Decree‟] was summarily rejected. The suit was dismissed despite no objections on limitation, jurisdiction, or other bars, conf