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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
Subhash Chand – Appellant
Versus
Bhupinder Singh – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
1. Appellants herein are defendants in Civil Suit preferred by respondent No.1. Respondent No.2 is proforma defendant No.7 in the Civil Suit.
2. Present appeal has been preferred by appellants-defendants against judgment dated 08.05.2024, passed by District Judge, Shimla, H.P., in Case No. 17-S/13 of 2022, titled as Bhupinder Singh vs. Subhash Chand and others, whereby order dated 11.07.2022 passed by Civil Judge, Court No.7, Shimla, rejecting the plaint under Order 7 Rule 11 (d) CPC in Civil Suit No. 38/1 of 2017, titled as Bhupinder Singh vs. Subhash Chand and others, has been set aside and matter has been remanded for disposal of application under Order 7 Rule 11 CPC preferred by the defendants afresh, in accordance with law, but after ensuring service of and giving opportunity to defendant No.7.
3. I have heard learned counsel for the parties and have also gone through the material on record.
4. Parties, hereinafter, are being referred as per their status in the civil suit, for convenience.
5. Brief facts of the case are that partition proceedings under H.P. Land Revenue Act, 1954 (hereinafter referred to as ‘Revenue Act’) between parties were conclu
The presence of all defendants is not necessary for a court to reject a plaint under Order 7 Rule 11 CPC, emphasizing adherence to natural justice principles.
Rejection of plaint – Plaint cannot be rejected in part.
A plaint can only be rejected under Order 7 Rule 11(d) if it fails to disclose a cause of action or is barred by law, without regard to evidence or defenses raised in the written statement.
Civil Law – Decree - A decree is preliminary when further proceedings have to be taken before suit can be completely disposed of. It is final when such adjudication completely disposes of suit - It m....
The court discussed the scope of rejection under Order VII, Rule 11 of C.P.C and referred to legal precedents to determine the cause of action and the limited scope of rejection under the rule.
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