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AMIT BANSAL
Harjit Kaur – Appellant
Versus
Shankar Mukherjee – Respondent
JUDGMENT
amit Bansal, J. - I.a. No. 7603/2017 (u/O.VII R.11 CPC for rejection of counter claim) & CC No.79/2016
1. By this order, I shall dispose of the application filed on behalf of the applicant/plaintiff under Order VII Rule 11 of the Code of Civil procedure, 1908 (CPC) seeking rejection of the counter claim filed on behalf of the defendant.
2. The suit in question was filed on behalf of the plaintiff seeking relief of declaration, that the plaintiff be declared the absolute owner of B-399 Chittaranjan Park, New Delhi (suit property).
3. In the said suit, the defendant filed a counter claim on 21st March, 2016 and prayed for the following reliefs:
'(a) allow the counter claim by passing a decree of declaration, by declaring the documents being GPa dated 09.08.1977, agreement to Sell, registered SPa, Will, Receipt, etc., dated 12.07.1985 in respect of Property No. B-399 Chittaranjan Park, New Delhi, admeasuring 160 Sq. Yards, being forged and fabricated thus null, void and of no effect;
(b) Pass a decree of mandatory injunction by issuing directions to the Plaintiff to handover the Property No. B-399 Chittaranjan Park, New Delhi, admeasuring 160 Sq. Yards, to the Defendant, upon term
The main legal point established in the judgment is that a counter claim must not be manifestly vexatious, must disclose a real cause of action, and must be within the prescribed period of limitation....
An application for rejection of a plaint under Order 7 Rule 11 CPC must be decided solely based on the averments in the plaint. The court cannot consider the defendant's evidence or written statement....
A plaint can be rejected under Order VII Rule 11 for non-disclosure of cause of action and being barred by limitation if claims are based on prior known events.
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
The main legal point established in the judgment is that a suit can be rejected under Order 7 Rule 11 of CPC if it is clearly barred by limitation, and if the plaintiff was well aware of the facts gi....
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
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