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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
Mooli Devi W/o Late Shri Shankar Lal Sharma – Appellant
Versus
Mukesh Mundara S/o Dr. Moolchand Mundara – Respondent
ORDER :
1. The present revision petition has been filed by the petitioner under Section 115 of the Code of Civil Procedure, 1908, assailing the impugned order dated 28.10.2025, passed by learned Additional Civil Judge and Judicial Magistrate No.3, Jaipur Metropolitan-II, Jaipur, in the Civil Suit No. 67/2023 (CIS No. 330/2023) titled as Mukesh Mundra Vs. M/s. Grand Infra Project, whereby the petitioner's application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC), was rejected.
2. Learned counsel for the petitioner submits that a perusal of the averments of the plaint clearly shows that the suit has been filed as a representative suit without obtaining the leave of this Court. Thus, the suit is barred by law. He further submits that the plaintiffs/respondents have claimed easementary rights over the common basement and roof of the suit property, while describing themselves as the servient owners, which amounts to an implicit admission that the defendants are the dominant owners. He further submits that the suit, without a prayer for declaration, is not maintainable in its present form. He also submits that the suit seeks only a simpliciter injunction and no dec
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.
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 main legal point established is that the Trial Court can exercise the power under Order VII Rule 11 of the CPC at any stage of the suit and the averments in the plaint are crucial for deciding su....
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