Back
JYOTI SINGH
Usha Rani (since Deceased) Through Her Lr Vandana Oberoi – Appellant
Versus
Aarshi Arora – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. Appl. 5663/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
C.R.P. 34/2023 & C.M. APPL. 5662/2023 (stay)
3. Present revision petition assails an order passed by the Trial Court on 13.09.2022, dismissing an application filed by Defendant No. 1 therein under Order 7 Rule 11 CPC. It needs to be noted that when the suit was filed Smt. Usha Rani was impleaded as Defendant No. 1, however, during the pendency of the suit she has expired and the present petition has been filed through her legal heir Ms. Vandana Oberoi. Petitioner is hereinafter referred to as Defendant No. 1 and Respondent is referred to as the Plaintiff, in accordance with their litigating status before the Trial Court.
4. Facts to the extent necessary for adjudication of the present petition are that Plaintiff is the daughter of late Shri Manish Arora who was the son of Defendant No. 1 and expired in a road accident on 14.07.2008. Defendant No. 1 is the grandmother of the Plaintiff and Defendant No. 2 is the paternal aunt. It is the case of the Plaintiff that property bearing no. 49, Old Gupta Colony, Vijay Nagar, Delhi was purchased by
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....
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....
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 court emphasized the independent and special nature of the remedy under Order 7 Rule 11 CPC and clarified that the point of limitation is not always a mixed question of law and fact.
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....
Issues of limitation and sale deed validity require full trial; defenses are not assessed at the preliminary dismissal stage under CPC.
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....
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
