Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
PRAFULLA S.KHUBALKAR
Ramesh Bhagirath Rander – Appellant
Versus
Anil Hariprasad Jejani – Respondent
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
1. ADMIT. Heard finally with consent of the learned counsel for the parties.
2. This Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (for short ‘the Code’) takes exception to order dated 20.12.2024 passed by the trial Court rejecting the application for rejection of plaint under Order VII Rule 11(d) read with Section 151 of the Code, at Exhibit 10, in Special Civil Suit No.459 of 2023.
3. The applicant is the original defendant no.8 in the suit filed by the non-applicant no.1 and the non-applicant nos.2 to 8 herein are the original defendant nos.1 to 7 in the suit. The plaintiff filed the suit for declaration that the sale-deed dated 24.10.2020 to the extent of the suit property is not binding on the plaintiff it being executed by playing fraud on the plaintiff as well as for seeking relief of specific performance of the agreements dated 06.10.1995 and 21.11.1995 and for permanent injunction.
FACTS OF THE CASE
4. The case as pleaded by the original plaintiff in the suit is briefly stated as under:-
(i) The suit pertains to the properties described in paragraph 2 of the plaint which is land admeasuring about 15000 squar
A suit for specific performance of an agreement to sell and cancellation of sale deeds is barred by limitation if it is filed beyond the period of limitation prescribed under Article 54 of the Limita....
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
(1) Rejection of plaint – Defence taken by defendant in written statement cannot be taken into consideration and plaint has to be read as a whole and application cannot be decided in context of few a....
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.
(1) Rejection of plaint – Rejection of earlier suit under Order VII Rule 11 of CPC does not bar fresh suit on same cause of action provided right of action is not barred by law of limitation.(2) Reje....
The rejection of a plaint under Order VII Rule 11 requires strict adherence to conditions, and a claim disclosing some cause of action cannot be dismissed merely due to its perceived weakness.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
