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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Shaiquat Sayeeda, wife of Late Shamsuzzaman – Appellant
Versus
Md. Shamshad Ansari, Son of Late Md. Ilyas Ansari – Respondent
ORDER :
RAMESH CHAND MALVIYA, J.
1. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. This Civil Revision application is filed under Section 115 of the Code of Civil Procedure (hereinafter referred to as CPC) against order dated 24.04.2023 passed in the Title Suit No. 131 of 2022, by the Learned Sub-Judge I, Kishanganj whereby and where under the petition filed on behalf of petitioner under Order VII rule 11(a) of the CPC was rejected.
3. The case of the plaintiff in brief, is that a piece of land situated in Mouza Satal Pargana Surjapur, Elaka Thana and Sub Registry Bahadurganj, Thana no. 361, Touzi no. 1232, the then district Purnea, now Distt. Kishanganj, Kaimi Khata no. 76, R.S. Plot No. 182, area 2.64 acre, 183 area 0.06 acres 184 area 1.42 acre, 186 area 0.10 acre, 187 area 0.37 acre, 158 area 0.19 acre, 154/394 area 0.10 acres, 185 area 0.19 acres, total area 5.07 acres land was owned, possessed and recorded in the names of Satan Lal and Ratan Lal who transferred 5.38 acres of land including 5.07 acres of land to one Samsuzzaman and and Muzaffarul Bari to the extent of equal share through registered sale deed dated 12-01-1954. Further,
A plaint must be deemed to disclose a cause of action if the statements therein, taken as true, allow for a claim to proceed, regardless of subsequent merits, as defined under CPC.
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
The court affirmed that a plaint must show a valid cause of action to proceed, and suppression of material facts alone does not justify dismissal under Order VII Rule 11 of the CPC.
A suit claiming rights in property cannot be dismissed at the threshold without a trial based on arguments of benami ownership as these require evidence to substantiate claims.
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
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