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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
PRAFULLA S.KHUBALKAR
Ramesh Bhagirath Rander – Appellant
Versus
Anil Hariprasad Jejani – Respondent
| Table of Content |
|---|
| 1. revision challenges trial court's refusal to reject plaint under order vii rule 11(d). (Para 1 , 2 , 3 , 4 , 5) |
| 2. suit barred by limitation under article 54; no cause of action disclosed. (Para 6 , 7 , 8 , 9 , 10) |
| 3. plaint shows cause of action; limitation starts from fraud knowledge. (Para 11 , 12 , 13) |
| 4. case laws support rejecting time-barred specific performance plaints. (Para 14 , 15 , 16 , 17) |
| 5. fraud and limitation require evidence; plaint not rejected summarily. (Para 18 , 19 , 20 , 21) |
| 6. order vii rule 11(d) considers only plaint averments; limitation mixed issue. (Para 22 , 23 , 24 , 25 , 26) |
| 7. fraud allegations and cause of action prevent plaint rejection. (Para 27 , 28 , 29) |
| 8. multiple reliefs viable if one timely; contract interpretation needs evidence. (Para 30 , 31 , 32 , 33) |
| 9. trial court order upheld; revision application dismissed. (Para 34 , 35 , 36) |
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 rejectin
Plaint not rejected under Order VII Rule 11(d) CPC despite 28-year delay in specific performance suit where fraud, collusion, unilateral cancellation averred, making limitation mixed fact-law issue r....
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.
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