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BIVAS PATTANAYAK
Balaji Enterprises – Appellant
Versus
West Bengal Housing Infrastructure Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of civil revisional application (Para 1 , 2) |
| 2. grounds for rejecting the plaint (Para 3 , 6 , 7) |
| 3. aggrieved petitioner challenges lower court ruling (Para 4 , 5) |
| 4. failure to deliver summons and its impact on plaint (Para 9 , 10) |
| 5. final judgment and order (Para 11 , 12 , 13 , 14) |
JUDGMENT :
Bivas Pattanayak, J.
1. This civil revisional application under Article 227 of the Constitution of India has been filed by the petitioner-defendant challenging the Order No. 33 dated 7th June, 2022 passed by learned Judge, Commercial Court at Rajarhat, North 24-Parganas in Title Suit No. 10 of 2020 rejecting the prayer of the petitioner under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) for rejection of plaint.
2. The brief fact of the case is as follows:
The Court ruled that a suit cannot be rejected for limitation without trial evidence, reaffirming fraud claims against prior deeds under the Model Code of Conduct are valid if proven, even post-regis....
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.
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