IMPORTANT POINT
Rejection of plaint – Plaint cannot be rejected in part.

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. In this appeal, we are called upon to decide two questions. The first relates to the true and correct application of the principle underlying the ‘rejection of plaints’ under Order VII Rule 11, Code of Civil Procedure, 1908¹ [Hereinafter referred to as ‘CPC’] to the facts of the case. The second question relates to the legality of rejection of a plaint in part. For the reasons to follow, we have held that the High Court has committed an error in passing the order impugned, on both counts. First, by misapplying the well-established principles informing Order VII Rule 11 of the CPC, and second, by rejecting the plaint in part, which is again contrary to the law on the subject. We have, therefore, allowed the appeal and dismissed the application under Order VII Rule 11, CPC. We will first indicate the necessary facts.

3. Mr. P.V. Yogeshwaran, learned counsel appearing for the appellants, assisted by Mr. M.A. Chinnasamy, Mrs. C. Rubavathi, Mr. C. Raghavendren, Mr. V. Senthil Kumar, Mr. Devendra Pratap Singh and Mr. Ashis Upadhay submitted that the Plaintiffs along with the Defendants No. 1 to 3 are members of a joint family owning properties mentioned in Schedule A and B of the plaint. He has taken us through the plaint where it is averred that the karta of the family, late Shri Munivenkata Bhovi had many properties and was in a habit of temporarily mortgaging properties for raising finances by executing what are referred to as ‘nominal sale deeds’. Once dues were cleared, reconveyance deeds were executed. It is specifically averred that this practice was adopted by the karta to maintain the family and the persons in whose favour these documents were executed were also close acquaintances of the family. As such, the possession of the joint family properties was never parted. It is also pleaded that when the Plaintiffs asked for partition, initially the Defendants did not deny it, but instead, only asked the Plaintiffs to wait till the revenue records were updated so that actual partition could be effected. Hence, Plaintiffs presented a plaint for partition and separate possession.

4. Four years after the suit was instituted, the Defendants filed a petition seeking rejection of the plaint under Order VII Rule 11, CPC. While the Trial Court dismissed the application on the ground that the plaint does disclose a cause of action, the High Court, by the impugned order, observed that the property in Survey No. 76/1 (described in schedule A of the plaint) was sold way back in 1919 via a registered Sale Deed. The High Court reasoned that the Plaintiffs did not deny the sale, but only urged that there was a subsequent re-conveyancing of the property back to the joint family, without a corresponding mutation of revenue records. Impressed by the fact that the Plaintiffs neither produced any evidence to challenge the Sale Deed from 1919, nor sought any declaratory relief against the Sale Deed, High Court proceeded to allow the application under Order VII Rule 11, CPC in part, and rejected the Plaint with respect to Schedule-A property. Shri Yogeshwaran submitted that the High Court committed an error in allowing the Revision and consequently, the application under Order VII Rule 11, CPC.

5. Shri S. Nandakumar, learned counsel appearing for the respondents, with the assistance of Ms. Deepika Nandakumar, Mr. Ashok Kumar Singh, Mr. Rajeev Gupta and Mr. Naresh Kumar, on the other hand, supported the reasoning and conclusion of the High Court.

6. Before considering the legality of the approach adopted by the High Court, it is necessary to consider Order VII Rule 11, CPC² [Rejection of plaint: The plaint shall be rejected in the following cases: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so; (c) where the relief clai