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HANCHATE SANJEEVKUMAR
Krishnappa, S/o. Late Bachappa – Appellant
Versus
Nagalakshmi @ Ammaiah, W/o. Late K. Rajanna – Respondent
JUDGMENT :
(Hanchate Sanjeevkumar, J.)
This miscellaneous second appeal is filed by defendant Nos.1 to 3 challenging the order passed in R.A.No.15105/2019 dated 16.12.2019, by the V Additional District and Sessions Judge, Bengaluru Rural District, Devanahalli, (hereinafter referred as 'the First Appellate Court'), which reversed the order passed by the Trial Court in O.S.No.812/2016 dated 04.11.2019 by the Senior Civil Judge and J.M.F.C., Devanahalli, thereby, the plaint filed by the plaintiffs is rejected and is set aside by the First Appellate Court and remanded the case to the Trial Court.
2. Rank of the parties as stated before the Trial Court for easy reference and convenience.
3. The plaintiff had filed a suit for declaration, to declare that the registered gift deed dated 22.04.2016 executed by defendant No.1, in favour of defendant Nos.2 and 3 is null and void and not binding on the plaintiff and also sought for consequential relief for permanent injunction restraining defendant Nos.2 and 3 from alienating the suit schedule properties.
4. The defendants have appeared before the trial Court and filed written statement denying the case of plaintiff on various aspects and also sta
The omission of a main relief in a plaint does not bar the suit under Order VII Rule 11(d) of CPC; defendants must demonstrate how the suit is barred by law.
A plaint can be rejected under Order VII Rule 11(a) for lack of cause of action, even without a defendant's application, if the plaintiffs have no valid claim to relief.
Rejection of plaint – A plaint lacking cause of action cannot proceed further.
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
A plaint must disclose a clear cause of action; contradictory claims regarding ownership undermine the right to sue, leading to rejection under Order VII Rule 11 of the CPC.
The court confirmed that issues requiring evidence must be determined at trial and cannot be dismissed at the pleading stage under Order VII Rule 11 CPC.
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