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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Aikon Saikia, W/o. Sri Ram Chandra Saikia – Appellant
Versus
Manoranjan Saikia, Son of Late Taranath Asikis – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. K. K. Mahanta, the learned Senior counsel assisted by Mr. B. D. Deka, the learned counsel appearing on behalf of the Petitioners. I have also heard Mr. S. Afridi, the learned counsel appearing on behalf of the Respondents.
2. This is an application under Article 227 of the Constitution challenging the order dated 30.10.2023 passed by the learned Court of the Civil Judge No.2, Kamrup (M) at Guwahati in Petition No.3557/2023 arising out of Title Suit No. 432/2023 whereby the application seeking rejection of the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, (for short ‘the Code’) was rejected.
3. At the outset, this Court finds it relevant to observe that when an application seeking rejection of a plaint filed under Order VII Rule 11(d) of the Code is rejected, the Code provides a remedy in terms with Section 115 of the Code and accordingly, the exercise of the jurisdiction of this Court under Article 227 of the Constitution is not called for.
4. Be that as it may, taking into account that the impugned order was passed on 30.10.2023 and the instant application was filed on 14.11.2023 which is within the prescribed period fo
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
Point of law: Rejection of plaint - Clever or ingenious drafting cannot mask the Court for consideration of am application seeking rejection of the plaint when the suit is barred by limitation on the....
(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....
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.
powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
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