Back
RAMESH CHAND MALVIYA
Krishna Kumar Sinha – Appellant
Versus
Vipendra Paswan @ Biththal Paswan – Respondent
ORDER
Heard learned counsel on behalf of the petitioner and learned counsel for plaintiffs/respondents 1st set.
2. The present civil revision is directed against the order dated 04.04.2017 passed by learned court of subjudge III, Gaya in Title Suit Case No. 75 of 2016/569 of 2016, whereby and whereunder, the petition of some of the petitioners/defendants under Order VII, Rule XI of the Civil Procedure Code, 1908 (hereinafter CPC) for rejection of the plaint has been rejected holding thereby that on the basis of the pleadings and the documents which form the basis of the plaint, it cannot be said that the plaint can be rejected at the initial stage itself and the fact of knowledge of the plaintiff regarding the execution of the sale deed is to be decided in the course of trial.
3. Learned counsel for the petitioner in the instant case submitted that the learned trial court committed illegality in refusing the application for rejection of plaint under Order VII, Rule XI of the CPC, and therefore, the impugned order is illegal, improper and against the mandatory provisions of law and is liable to be set aside. The learned trial court failed to appreciate the fact that the plaintiffs/resp
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
The court established that the issue of limitation is a mixed question of law and fact, necessitating a full trial to resolve, rather than dismissal at the application stage.
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
