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NARENDRA SINGH DHADDHA
Jagdish Rao @ Jagdish Singh – Appellant
Versus
Suman Chaudhary – Respondent
ORDER :
1. By way of this revision petition under section 115 CPC, petitioner-defendant(for short 'the defendant') has challenged the order dated 06.07.2022 passed by the Additional District Judge No. 8, Jaipur Metropolitan 1st (for Short 'the trial Court) in Civil Suit No. 11/2021 titled as "Suman Chaudhary v. Nagar Nigam & Ors., whereby application filed by the defendant under Order 7, Rule 11 CPC has been dismissed.
2. Learned counsel for the defendant submits that the trial Court while deciding the application under Order 7, Rule 11 CPC filed by the defendant totally ignored the fact that the respondent No. 1-plaintiff (for short 'the plaintiff) had no cause of action. Learned counsel for the defendant further submits that the plaintiff wrongly claimed that she is owner of plot No. 126 and having possession over it. Learned counsel for the defendant further submits that the Jaipur Development Authority (for short 'the JDA') in the year 2002 had not approved the plot No. 126 in S. B. Vihar Scheme, New Sanganer Road, Jaipur. Learned counsel for the defendant also submits that the plot No. 126 was not in existence at the time of approval of the plan by JDA. Learned counsel for the d
The court affirmed that a plaint must show a valid cause of action to proceed, and suppression of material facts alone does not justify dismissal under Order VII Rule 11 of the CPC.
The court affirms that a plaint cannot be rejected under Order VII Rule 11 CPC without a detailed evidential examination.
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 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....
A plaint cannot be rejected under Order 7 Rule 11 if it discloses a valid cause of action, irrespective of claims of vexatiousness or absence of declaratory relief.
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