The main legal point established is that a plaintiff must obtain leave before filing a fresh suit after withdrawing an earlier suit, and the court has the power to reject a plaint if it is false, frivolous, or vexatious.

IA No.20029/2011

1. By this application moved under Order 7 Rule 11 read with Order 2 Rule 2 and Section 151, Code of Civil Procedure, 1908, the defendant no.1 seeks rejection of the plaint.

2. Before dealing with the said application moved by defendant No. 1, it would be appropriate to give a brief narration of the facts of the case as set out by the plaintiff in his plaint. The present suit was filed by Smt. Sona, wife of late Shri Harpal, through her attorney Shri Devender Kumar on 21st February, 2010 seeking relief of declaration, cancellation, mandatory and permanent injunction. On the date of filing of the suit, the plaintiff, Smt. Sona Devi was alive, but immediately thereafter on 25February, 2010, she died and the said Shri Devender Kumar was substituted as the plaintiff in her place. Shri Devender Kumar, plaintiff herein claims himself to be the grandson of the deceased Smt. Sona Devi, and son of Late Smt. Shakuntala, Sona Devi’s daughter. It is the case of the plaintiff that late Smt. Sona Devi and her husband late Shri Harpal had adopted Smt. Shakuntala at the age of 5 years, before panchayat of their community and after the death of Shakuntala, her son Devender Kumar, the plaintiff herein was looked after by Smt. Sona devi and her husband during their stay in the suit property. It is also the case of the plaintiff that late Shri Harpal, who was an employee in Jal Mal Department of Govt. of NCT of Delhi was allotted Government built property bearing No. 114, Vinobapuri, Lajpat Nagar-II, measuring 100 sq.yds by Deputy Land and Development Officer vide registered conveyance deed dated 22.4.1971, duly registered in the office of Sub Registrar as document No. 277 in Addl. Book No. 1, Volume No. 2630 on pages 12-13.

3. It is also the case of the plaintiff that defendant No. 1, Smt. Raj Rani is the daughter of the brother-in-law of late Smt. Sona Devi. The defendant no.1 along with her husband and 1 ½ years old daughter approached late Smt. Sona Devi and her husband in the year 1985, with the request to permit them to stay in their house for few months and consequently, they started residing with them. It is also the case of the plaintiff that Shri Harpal, husband of late Smt. Sona Devi died on 1.9.1989, leaving behind his widow, Smt. Sona Devi and the present plaintiff as his grandson. It is also the case of the plaintiff that after the death of Mr. Harpal, defendant No. 1 and her husband asked Smt. Sona Devi to affix her thumb impressions/signatures on some blank papers on the pretext, that the same is for the purpose of getting her widow pension from the Jal Mal Department of Govt. of N.C.T. of Delhi, and being an illiterate, late Smt. Sona Devi acceded to their request and affixed her thumb impressions/signatures on such blank papers. It is also the case of the plaintiff that defendant No. 1 and her husband took Smt. Sona Devi to the office of L&DO, Nirman Bhawan, New Delhi and there also she was told to put her signatures/thumb impressions on certain papers and forms, for the purpose of getting the said property transferred in her name. Likewise, Smt. Sona Devi was taken to various other offices where she was made to sign certain papers and put her thumb impressions at the instance of defendant No. 1, because of her dependence on the defendant No.1 and her husband and being an old lady, she was strained to put her thumb impressions. It is also the case of the plaintiff that in the year 2008, Smt. Sona Devi being an aged and ailing lady asked for some monetary help from the defendant No. 1, but defendant No. 1 declined to give any financial help to her and thereafter late Smt. Sona Devi told defendant No.1 to leave the suit property, but defendant No.1 informed her that they have been residing in the suit property as the owner of the same and not at the mercy of the plaintiff.

4. Thereafter, late Smt. Sona Devi called a meeting of a few respectable people of the locality seeking their help and in the said meeting