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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
Shashikant Sharma, S/o Kailash Chand Sharma – Appellant
Versus
Hanuman Sahay Choudhary, S/o Kalyan Sahay Chaudhary – Respondent
| Table of Content |
|---|
| 1. petition challenges rejection of plaint (Para 1 , 2 , 3) |
| 2. plaintiff contests application to reject plaint (Para 4 , 8) |
| 3. court's analysis of plaint validity (Para 5 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. law governing rejection of plaint (Para 7 , 20) |
| 5. final conclusion dismissing revision petition (Para 21 , 22) |
ORDER :
MANEESH SHARMA, J.
1. The present revision petition has been filed by the petitioner assailing the order dated 28.10.2025 passed by the learned Additional Civil Judge No.18, Jaipur Metropolitan-I in Civil Suit No.464/2025, whereby the application filed by the petitioner under Order 7 Rule 11 read with Section 151 of the CPC was rejected.
2. Brief facts giving rise to the present revision petition are that the plaintiff/respondent No.1 filed the suit for permanent injunction against the defendant No.1/petitioner, claiming possession on the basis of the letter dated 20.11.2017, and sought a decree for permanent injunction against the defendant No.1/petitioner. In the plaint, it was narrated that the plaintiff/respondent No.1 is in lawful possession of the suit property and the plaintiff/respondent No.1 is bent upon forcefully dispossessi
The court affirmed that only the plaint's averments are to be considered in an application under Order 7 Rule 11, ruling that the plaint sufficiently disclosed a cause of action and other objections ....
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....
(1) Rejection of plaint – Suit for permanent prohibitory injunction—Wrong description of suit property—Under Order 7 Rule 11 CPC, plaint cannot be rejected for wrong description of immovable property....
The court ruled that a plaint cannot be rejected summarily under Order VII Rule 11 CPC without determining if it discloses a cause of action, especially when limitation is a mixed question of law and....
The proviso of Order 7, Rule 11 evidently covers the cases falling within the ambit of clauses (b) and (c) and has no application to a rejection of a plaint under Order 7 Rule 11(d).
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