Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, AMITENDRA KISHORE PRASAD
Tarachand Parakh, S/o. Late Ratanlal Ji Parakh – Appellant
Versus
Nemichand Parakh, S/o. Late Gendmal Ji Parakh – Respondent
Order :
Amitendra Kishore Prasad, J.
1. This First Appeal is being preferred under Section 96(1) of the Code of Civil Procedure, 1908, assailing the impugned order dated 06.11.2023 passed by the learned IIIrd Additional District Judge, Rajnandgaon (Chhattisgarh), whereby the suit instituted by the Plaintiffs/Appellants has been dismissed at the threshold by invoking the provisions of Order VII Rule 11 of the Code of Civil Procedure on the ground that the plaint was insufficiently stamped.
2. Facts of the case, as canvased, are that the appellants, who were the Plaintiffs before the learned Trial Court, instituted a civil suit seeking declaration of title and permanent injunction in respect of different immovable properties described in Schedules appended to the plaint. The plaintiffs prayed for a declaration that they are the owners and in peaceful possession of the suit property situated at Plot No. 33, admeasuring 225 square meters, Nazul Sheet No. 49-C, Ganj Line, Rajnandgaon, as more fully described in Schedule-A of the plaint. They further sought a declaration that defendants No. 1 to 11 are the owners and in possession of the property situated at Plot No. 14/2, admeasuring 176 s
The court articulated that a suit cannot be dismissed at the threshold for alleged insufficiency of court fees if it discloses a valid cause of action, emphasizing the importance of evaluating the me....
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
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 the existence of a cause of action must be determined from the plaint's averments, and issues regarding property nature and necessary parties are triable matters.
The main legal point established in the judgment is that a plaintiff must clearly establish a valid cause of action, including details of inheritance and right to sue, to maintain a suit for joint ow....
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
