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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
SUBBA REDDY SATTI
Baratam Kantha Rao, S/o. Late Ramanayya – Appellant
Versus
Hanumanthu Krishna Rao, S/o. Late Appaiah – Respondent
OR
ORDER :
SUBBA REDDY SATTI, J.
The defendants in the suit filed the above revision petition against the order dated 28.12.2024 in I.A.No.800 of 2022 in O.S.No.1 of 2020 on the file of the learned Principal District Judge, Srikakulam.
2. For brevity, the parties to the judgment are referred to as the plaintiff and defendants.
3. The plaintiff filed the suit in O.S.No.1 of 2020 against the defendants seeking specific performance of the agreement of sale dated 23.06.2016. The 1st defendant filed a written statement. Pending the suit, the defendants filed I.A.No.800 of 2022 under Order VII Rule 11 (a) of C.P.C. to reject the plaint.The I.A. was dismissed on 28.12.2024.
4. Since the defendants filed I.A. under Order VII Rule 11 of the CPC, on the ground that the plaint does not disclose a cause of action, let this Court examine the relevant pleadings in the plaint.
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5. In the plaint, it was contended inter-alia, that the defendants offered to sell the suit schedule property to the plaintiff in 2016; that in the negotiations, the rate was fixed @ Rs.10,00,000/- per cent; that on 23.06.2016, the defendants jointly executed an agreement of sale, after receiving Rs.20,00,000/- as advance sale co
The court ruled that a cause of action constitutes a bundle of facts which, if proven, entitles a party to maintain an action and that applications under Order VII Rule 11 must not consider the defen....
The court emphasized that a plaint can only be rejected if it does not disclose a cause of action, and issues of limitation are triable matters.
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
A plaint cannot be dismissed under Order VII Rule 11 when limitation depends on disputed facts, requiring a full trial to establish cause of action.
The court ruled that a plaint must disclose a cause of action to proceed, and dismissal under Order VII Rule 11 is only appropriate when the plaint clearly fails to do so.
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