A. S. BOPANNA, M. M. SUNDRESH
Sajjan Singh – Appellant
Versus
Jasvir Kaur – Respondent
| Table of Content |
|---|
| 1. appeal disposed along with pending applications. (Para 2 , 8) |
| 2. high court allowed revision petition and rejected plaint. (Para 3) |
| 3. grievances concerning court fee and prayer adequacy are for trial. (Para 4 , 5) |
| 4. high court order is set aside; case restored. (Para 6) |
| 5. contentions in application open for written statement. (Para 7) |
ORDER :
2. Heard the learned counsel for the appellant as also the learned counsel for the respondents and perused the appeal papers.
4. Having heard the learned counsel for the parties, we have taken note that the grievance essentially put forth by the respondents for which an application under Order VII Rule 11 was filed, is that the appellant herein, had not sought for an appropriate prayer to declare the sale deeds dated 03.12.2015 and 26.02.2016 as illegal, null and void and no court fee in that regard was paid.
6. Hence, the Order dated 25.03.2019 passed by the High Court of Punjab and Haryana at Chandigarh is set aside. The Civil Suit bearing C.S. No. 192/2016 dated 26.09.2015 is restored to the file of the learned Additional Civil Judge (SD), Khamnon, District Fatehgarh Sahib, Punjab to proceed further in the matter.
8. Appeal is
The Court emphasized that while considering applications under Order 7 Rule 11 of CPC, only the averments made in the plaint should be looked into, and the scope of scrutiny is confined to the averme....
The Court emphasized that the provision under Order VII Rule 11 of the CPC provides for the rejection of a plaint based on limited grounds, and issues requiring analysis of evidence or constituting t....
The main legal point established in the judgment is the limited scope of judicial inquiry at the application stage under Order VII Rule 11 of the CPC and the interpretation of the grounds for rejecti....
The court emphasized that the scope of judicial inquiry under Order VII Rule 11 of the CPC is limited to examining the averments made in the plaint and that issues requiring analysis of evidence cann....
A written statement is not required for a defendant to file an application under Order VII Rule 11 regarding court fee adequacy.
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