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2019 Supreme(SC) 283

L.NAGESWARA RAO, M.R.SHAH
Raghwendra Sharan Singh – Appellant
Versus
Ram Prasanna Singh (Dead) By Lrs – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • A plaint that contravenes any law must be rejected by the court (!) (!) .
  • If a party attempts to cleverly draft a suit to bring it within a limitation period, the court has a duty to scrutinize and "lift the veil" to prevent misuse of legal procedures (!) (!) .
  • The scope of an application under Order VII Rule 11 of the Civil Procedure Code (CPC) is limited to examining whether the plaint discloses a cause of action, whether it is barred by law, or if it is manifestly vexatious or meritless (!) (!) (!) .
  • The power to reject a plaint under Order VII Rule 11 should be exercised strictly and only when the plaint, on its face, discloses that the suit is barred by law or does not disclose a cause of action (!) (!) .
  • A cause of action comprises facts that, if proven, would entitle the plaintiff to relief; it does not include evidence or defenses (!) (!) .
  • The court must consider the entire plaint as a whole to determine if it discloses a legitimate cause of action or if it is an abuse of process designed to circumvent legal limitations (!) (!) .
  • If the facts in the plaint suggest that the suit is clearly barred by law, particularly by limitation, the court is justified in rejecting it at the outset (!) (!) .
  • The question of limitation is a mixed question of law and fact, but if the plaint itself indicates that the suit is barred by law, the court can exercise its power to reject the plaint without awaiting full evidence (!) (!) .
  • In the case at hand, the court found that the suit was filed after a significant period following the execution of a registered gift deed, and the plaintiff did not challenge this deed for over 22 years, indicating that the suit was barred by limitation (!) (!) (!) .
  • The court emphasized that clever drafting cannot be used to circumvent clear legal bar such as limitation, and suits based on such tactics should be dismissed at the threshold (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this document.


JUDGMENT

M. R. Shah, J.

Application for substitution is allowed in terms of the prayer made.

1.1 Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.03.2013 passed in Civil Revision No. 1829 of 2006 by the High Court of Judicature at Patna by which the High Court has dismissed the said revision petition and has confirmed the order passed by the learned Munsif, Danapur dated 28.08.2006 passed in Title Suit No. 19 of 2003 by which the learned trial Court rejected the application submitted by the original defendant to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure (hereinafter referred to as the 'CPC'), the original defendant has preferred the present appeal.

3. The facts leading to the present appeal in nutshell are as under:

That the original plaintiff and his brother Sheo Prasanna Singh jointly purchased the suit land in question in the year 1965. That the original plaintiff, who is the father of the appellant herein-original defendant, and his late brother Sheo Prasanna Singh executed a registered deed of gift in favour of the appellant herein on 06.03.1981 gifting the suit land and put him i







































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