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JYOTI SINGH
Kumkum Bhardwaj – Appellant
Versus
Shashi Kiran Kapoor – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. No. 1478/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
C.R.P. 9/2023 & C.M. No.1477/2023 (Interim relief) & 3947/2023 (for urgent hearing)
3. Present Revision Petition has been filed laying a challenge to two orders passed by the Trial Court i.e. 08.08.2022 and consequential order dated 12.09.2022. By order dated 08.08.2022, the Trial Court has dismissed the application under Order 7 Rule 11 CPC filed by the Defendant and by order dated 12.09.2022, the Trial Court has struck off the defence of the Defendant on ground of non-compliance of the directions passed in the order dated 08.08.2022 with respect to payment of arrears of rent from date of filing of the suit i.e. 26.10.2021 till the date of the order within a month from the date of the order, failing which the Defendant was liable to pay penal interest with a further direction that the defence shall be struck off. Parties are hereinafter referred to by their litigating status before the Trial Court for the purpose of this judgment.
4. Briefly put, the case of the Plaintiffs before the Trial Court is that they have inherited the property bear
A fresh cause of action can arise from default in payment of rent and failure to hand over possession, justifying the filing of a new suit. Additionally, a co-owner/co-sharer can file a suit for poss....
The rejection of a plaint under Order 7 Rule 11 CPC should not be done cursorily without satisfying the requirements of the provisions, and the Court cannot consider the defense raised by the Defenda....
The court ruled that a plaint cannot be rejected summarily under Order VII Rule 11 CPC without determining if it discloses a cause of action, especially when limitation is a mixed question of law and....
Ownership claims based solely on Power of Attorney and Will are insufficient without a registered sale deed; court reviews only the plaint and related documents for cause of action without delving in....
A plaint cannot be rejected under Order VII Rule 11 CPC unless it clearly discloses no cause of action, with factual disputes requiring resolution in trial.
The court confirmed that issues requiring evidence must be determined at trial and cannot be dismissed at the pleading stage under Order VII Rule 11 CPC.
The main legal point established in the judgment is the significance of admissions in the written statement and the adherence to procedural requirements for amendment applications.
The main legal point established in the judgment is that a clear and categorical admission is required for the court to decree a suit without trial under Order XII Rule 6 CPC, especially in the conte....
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