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NARENDRA SINGH DHADDHA
Neelgagan Construction Pvt. Ltd. – Appellant
Versus
Sukhi Jeevan Aawasiya Hitkari Sanstha – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. This Civil Revision Petition has been filed by the petitioners-defendant Nos.3 and 4 (for short 'the defendants') against the order dated 08.01.2016 passed by Civil Judge & Metropolitan Magistrate (East), Jaipur Metropolitan, Jaipur in Civil Suit No. 133/2012, whereby the application under Order 7, Rule 3 and 11 (a) read with section 151 CPC filed by the defendants has been dismissed.
2. Learned counsel for the defendants submits that respondent No. 1-plaintiff (for short 'the plaintiff') had filed a suit for permanent injunction against the defendants. Defendants had filed an application under Order 7, Rule 3 and 11 (a) read with section 151 CPC but the trial court vide order dated 08.01.2016 wrongly dismissed the application filed by the defendants. Learned counsel for the defendants also submits that the trial court had not appreciated the averments of the plaint in right perspective. A perusal of the plaint reveals that there was no privity of contract between the defendants and plaintiff. Plaintiff Society had no right to file a suit against the defendants. Learned counsel for the defendants also submits that as per the Contract Act, a per
The trial court must focus on the plaint's averments without considering the defendants' defense until evidence is presented.
The Court emphasized that on an application under Order VII Rule 11 CPC, only the contents of the plaint are to be considered, and the alleged violation of statutory law cannot be determined without ....
A plaint must disclose a cause of action; rejection under Order VII Rule 11 CPC examines only plaint averments, not evidence.
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 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....
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