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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Champa Devi, W/o Shri Kailash Paviya – Appellant
Versus
Jogaram, S/o Shri Girdhari Ram Ji – Respondent
ORDER :
REKHA BORANA, J.
1. The present revision petition has been filed aggrieved of order dated 29.09.2025 (Annexure-4) passed by Additional District Judge No.5, Jodhpur Metropolitan in Civil Original Suit No. 68/2024 whereby application under Order VII Rule 11 r/w Section 151, CPC (hereinafter referred to as ‘the application’) as filed on behalf of petitioner/defendant No.2, stood rejected.
2. The facts are that a suit for cancellation of sale deed and permanent injunction was filed by plaintiff Jogaram with the averment that he is the recorded khatedar of an agricultural land. As the user of the land was required to be converted to residential and the land was required to be developed, defendant No.2 Champa Devi and one Anil Kaushik entered into an agreement with the plaintiff in the Year 2012 to undertake the said proceedings. For the purpose, plaintiff signed certain stamp papers and blank papers and handed over to them. As per the agreement, the complete expenses for conversion/development were to be borne by Champa Devi & Anil Kaushik and in lieu of the same, 13 bighas out of total 27 bighas of land was to be transferred to them by the plaintiff after receiving the due conside
The plaint must disclose a cause of action, and the permissibility of oral averments contradicting a written document depends on the applicability of relevant provisions of the Evidence Act.
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
A suit for specific performance of an agreement to sell and cancellation of sale deeds is barred by limitation if it is filed beyond the period of limitation prescribed under Article 54 of the Limita....
(1) Rejection of plaint – For the purpose of invoking Order VII Rule 11 of CPC, averments made in plaint and accompanying documents have to be only exclusively examined and no evidence can be looked ....
A defendant's fraudulent inducement on a contractual obligation supports a plaintiff's claim for cancellation of a sale deed and necessitates a full trial.
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
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