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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
Rajnarayan S/o Shri Vijaynarayan – Appellant
Versus
Kamla Devi W/o Late Jagdish – Respondent
| Table of Content |
|---|
| 1. ownership and ancestral property rights (Para 2 , 3 , 4 , 5) |
| 2. objections raised in application under order 7 rule 11 (Para 6 , 7) |
| 3. trial court's rejection of application under order 7 rule 11 (Para 8 , 12) |
| 4. valid cause of action in plaint (Para 14 , 17) |
| 5. final decision on appeal and dismissal of revision petition (Para 19 , 20 , 21) |
ORDER :
1. The present civil revision petition has been filed by the petitioner under Section 115 read with Section 151 of the Code of Civil Procedure, 1908, assailing the impugned order dated 03.01.2026 passed by Additional Civil Judge No. 18, Jaipur Metropolitan-I (Headquarter Sanganer) in Civil Suit No. 512/2025 titled as Kamla Devi and Ors. vs. Rajnarayan and Ors. whereby the application filed by the petitioner under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 ('CPC'), has been rejected.
2. Brief facts giving rise to the present civil revision petition are that the respondent No. 1 filed a suit for mandatory and permanent injunction, pleading that Sh. Dulichand (father-in-law of respondent No. 1 and paternal grandfather of respondent Nos. 2 to 4) obtained a Patta dated 09.05.1965 from the Gram Pan
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.
Rejection of plaint under Order VII Rule 11 CPC inappropriate for disputed facts requiring evidence at trial.
Advocates appeared :For the Appellant : Nikhil Sharma For the Respondent : Ashish Saraswat
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....
A suit for injunction simpliciter is maintainable when the plaintiff asserts ownership and possession, even if the defendant disputes the title. The court cannot reject a plaint under Order VII Rule ....
Issues of limitation and sale deed validity require full trial; defenses are not assessed at the preliminary dismissal stage under CPC.
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