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DEVASHIS BARUAH
Khanindra Nath Keot – Appellant
Versus
Sujeet Kumar Choudhury – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the order dated 16.09.2023 passed in Misc. (J) Case No. 64/2022 arising out of Title Suit No. 23/2019. By the said impugned order, the learned Trial Court had rejected the application filed under Order VII Rule 11 of the Code by the defendant No. 1.
2. From a perusal of the plaint and the documents relied thereupon, it appears that the defendant No. 1 for himself and the defendant Nos. 2, 3 & 4 had entered into an agreement dated 17.04.2012 with the plaintiff for sale of the land described in Schedule-A to the plaint. It further appears from the plaint that out of the total consideration, an amount of Rs.6,50,000/- was duly received by the defendant No. 1. Further to that, the defendant No. 1 for and on behalf of the other defendant Nos. 2, 3 & 4 had extended the performance of the said agreement for sale vide a Deed of Extension of the earlier agreement for sale dated 15.04.2015 thereby acknowledging that he has duly received the amount of Rs.6,50,000/-. Subsequent thereto, vide another agreement, the period of performance of the said agr
The rejection of a plaint under Order VII Rule 11 requires strict adherence to conditions, and a claim disclosing some cause of action cannot be dismissed merely due to its perceived weakness.
Plaint not rejected under Order VII Rule 11(d) CPC despite 28-year delay in specific performance suit where fraud, collusion, unilateral cancellation averred, making limitation mixed fact-law issue r....
A plaint cannot be dismissed under Order VII Rule 11 when limitation depends on disputed facts, requiring a full trial to establish cause of action.
The main legal point established is that a suit for specific performance is barred by limitation if filed beyond the prescribed period, as per Article 54 of the Limitation Act, 1963.
(1) Rejection of plaint – Rejection of earlier suit under Order VII Rule 11 of CPC does not bar fresh suit on same cause of action provided right of action is not barred by law of limitation.(2) Reje....
The court established that a plaint can be rejected under Order VII, Rule 11 if it is barred by limitation, regardless of the merits of the case.
The main legal point established in the judgment is that the power to reject a plaint under Order VII, rule 11 CPC is drastic and must be exercised based on a meaningful reading of the plaint and the....
A unilateral cancellation of a registered agreement of sale is invalid; the cause of action based on subsequent knowledge and payments keeps the suit within limitation.
A suit for specific performance requires a valid written agreement, and claims must be filed within the limitation period; failure to meet these conditions results in dismissal.
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