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H. P. SANDESH
H. M. INFRA TECH PVT. LTD. – Appellant
Versus
H. M. TAMBORINE APARTMENTS OWNERS ASSOCIATION – Respondent
Based on the provided legal document, the court emphasized that when considering an application under Order VII Rule 11 of the Civil Procedure Code, only the averments made in the plaint should be taken into account. The defense, including any documents or arguments raised by the defendant, should not influence the court’s decision at this stage. The scope of Order VII Rule 11 is limited to examining whether the plaint discloses a cause of action, whether it is barred by law, or whether it is otherwise liable to be rejected on the grounds specified in the rule.
The court clarified that the plaint cannot be rejected solely based on the defense or on the merits of the case, and that the documents or evidence produced by the defendant are not relevant at this preliminary stage. Therefore, if the plaint's averments demonstrate a valid cause of action, it must be allowed to proceed, regardless of the defendant’s defenses or additional evidence.
In summary, the plaint plan cannot be considered for rejection based on the defense or the merits of the case; the decision must be confined to the allegations and averments contained within the plaint itself.
JUDGMENT :
H.P. SANDESH, J.
1. The R.F.A. No. 2457/2024 is filed challenging the order dated 19.10.2024 passed on I.A. No. 10 filed under Order VII Rule 11 read with Section 151 of CPC in O.S. No. 8454/2016 by the XL Additional City Civil and Sessions Judge, Bengaluru City. The M.F.A. No. 5580/2017 is filed challenging the order dated 22.04.2017 passed in O.S. No. 8454/2016 by the XL Additional City Civil and Sessions Judge, Bengaluru City.
2. Heard the learned counsel appearing for the respective parties.
3. The factual matrix of the case of the plaintiff/appellant before the Trial Court is that the appellant is a builder of repute, entered into a joint development agreement dated 19.08.2003 with the owner of the property bearing Bommanahalli Town Municipal khatha No. 364, Sy. No. 28 of Jaraganahalli village, Kankapura Road, Uttarahalli hobli, Bengaluru South Talulk, Ward No. 186, measuring totally 3 acres 18 guntas which is morefully described in the schedule property. It is also the case of the plaintiff that on 21.07.2003, the appellant obtained sanction of a building plan from BDA for construction of multi storied residential flats/apartments, comprising of several building/blocks
The court ruled that the Trial Court improperly rejected the plaint under Order VII Rule 11, emphasizing that only the plaint's averments should be considered, not the defendants' defenses.
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