Back
CHANDRA DHARI SINGH
Nagendra Mohan Dass – Appellant
Versus
Archana Dass – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The present petition has been filed under Article 227 of the Constitution of India read with Section 115 and 151 of the Code of Civil Procedure, 1908, (hereinafter "CPC") praying as follows:
"i. To call for the records of C.S. DJ No. 131 of 2022, pending before the Ld. ADJ-III South East District, Saket Courts, New Delhi.
ii. To allow the present revision petition and set aside the order dated 25.07.2023, passed by the Court of the Ld. ADJ-III, South East District, Saket Courts, New Delhi in C.S. DJ No. 131 of 2022
iii. To allow the application under Order VII Rule 11 filed by the Petitioner herein, and dismiss the C.S. DJ No. 131 of 2022 pending before the ADJ-III, South East District, Saket District Court, New Delhi
iv. Pass any other Order as this Hon'ble Court may deem fit."
2. The relevant facts necessary for the adjudication of the present revision petition have been reproduced as under:
a. The respondent is mother of the petitioner. Mrs. Radha Mitra is sister of the petitioner and she resides with her husband and two children. The respondent at present resides with Mrs. Radha Mitra. Shri Jogindra Mohan Dass, the late father of the petitioner
The application for rejection of the plaint has to show that the suit is barred by law and the said bar should appear from the pleadings of the plaintiff itself. The court found that the learned Tria....
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
The judgment establishes the principle that the scope of revisional powers of the High Court under Section 115 of the CPC is limited to the irregular exercise or non-exercise of jurisdiction, and doe....
The main legal point established in the judgment is the scope of revisional powers under Section 115 of the CPC and the principles of rejection of plaint under Order VII Rule 11 of the CPC.
The High Court reinforced that amendments are essential for justice, allowing the expansion of claims without changing the suit's fundamental nature, particularly in property disputes based on unprod....
The main legal point established in the judgment is that at the stage of considering an application under Order VII Rule 11 of the CPC, the trial Court need not conduct a roving inquiry into the fact....
The importance of looking into the averments in the plaint for adjudicating upon the application under Order VII Rule 11 and the supervisory power conferred by Section 115 of the CPC.
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
