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2013 Supreme(AP) 902

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
A.V. SESHA SAI, J.
Kasani Narsimulu
Versus
Sathagowni Srinivas Goud and others
CRP No.3310 of 2013
Decided on : Twenty Eighth Day of October, 2013

Advocates appeared:
Palivelasatyaraja Babu, Counsel for the Petitioner;
M. Vidyasagar, Counsel for the Respondent Nos.2 and 3.

Headnote:Civil Procedure Code 1908 - Order 7 Rule 11 - Rejection of plaint – Court has to take the pleadings in the plaint on their face value and the plaint cannot be rejected on the basis of the allegations made by the defendant in his written statement or in an application for rejection of the plaint---Plaint cannot be rejected by invoking provisions of Order VII Rule 11 of the Code of Civil Procedure if Court has to read entire plaint as a whole to find out whether it discloses cause of action.

ORDER :-

This revision, under Article 227 of the Constitution of India, is filed by the defendant in OS No.25 of 2008, on the file the III Additional District and Sessions Judge (Fast Track Court) at Medak, against the order dated 28.6.2013 passed by the said Court, dismissing IA No.189 of 2013 filed by the petitioner herein/defendant under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure.

2. The facts and circumstances leading to the filing of the present civil revision petition are as follows:

3. The respondent herein instituted OS No.25 of 2008, on the file of the Court of the III Additional District and Sessions Judge (Fast Tract Court) at Medak, seeking the following reliefs :

"1. To direct the defendant to execute and registered the sale deed in favour of the plaintiff in respect of the suit schedule property situated at Narsing Village, Chegunta Mandal, Medak District, by receiving the balance sale consideration of Rs.5,00,000/- in pursuant to the agreement of sale dated 25.11.2006.

2. That in alternatively, the defendant failed to register the sale deed in favour of the plaintiff in respect of the suit schedule property this Hon'ble Court may be pleased to execute and register the sale deed on behalf of the defendant, after depositing the balance sale consideration in accordance with the law.

3. Direct the defendant to deliver the physical possession of the suit schedule property to the plaintiff, failing which, this Honourable Court may be pleased to deliver the possession of the suit schedule property to the plaintiff by adopting due process of law.

4. To award the costs of the suit.

5. To grant such other relief or reliefs for which the plaintiff is entitled."

4. In the said suit the defendant/ petitioner herein filed written statement, resisting the plaint averments. In the said suit the defendant/petitioner herein filed the present I.A.189 of 2013 under the provisions of Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, seeking rejection of the plaint. The defendant/ petitioner herein in the affidavit filed in support of the said I.A.189 of 2013 contended that the suit agreement of sale dated 25.11.2006 does not contain proper schedule of property and the property mentioned in the agreement of sale is not carrying the location of the property where it is. situated and it does not contain the name or place, taluq, mandal nor it contains the address of the Registrar or Sub-Registrar nor the district and the State where the property is situated; the alleged agreement of sale dated 25.11.2006 is vague and indistinguishable in nature and not with specific boundaries; property alleged to be agreed to sell is not having specific location or jurisdiction for its identification and no map nor sketch plan has been enclosed; the said document does not contain jurisdiction particulars which are basic in nature and are necessary for numbering the suit and to say that the suit dispute falls within the jurisdiction of the Court; respondents/plaintiffs utterly failed to comply with Order VII Rule 1 and Section 26 of the Code of Civil Procedure as required by statute during the numbering of the suit; the Court lacks jurisdiction and the suit suffers from lack of cause of action and that the cause of action arose on 25.11.2006 is false and the property mentioned in the alleged agreement of sale is not the property mentioned in the suit schedule. In the receipt dated 25.11.2006 also there is no specific mention about the location where the property is situated and the property covered by alleged agreement of sale and the suit schedule property is not one and the same.

5. Pleading in the above said manner, the defendant/petitioner herein filed the said I.A.189 of 2013, seeking rejection of the plaint

6. Resisting the said application in I.A.189 of 2013, the plaintiffs/respondents herein filed a counter-affidavit, contending inter alia that para wise denial of averments in the plaint is not a ground f






























































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