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2025 Supreme(HP) 1585
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Beverley Singh – Applicant
Versus
Tejinder Singh & Another – Defendants
OMP No.385 of 2023 in Civil Suit No.29 of 2023.
decided On : 28-11-2025
Important Points
Subject
Civil Law - Rejection of Plaint and Parties
Act Referred
Headnote
(B) Order VII Rule 11 - Scope - Determination based solely on plaint averments and annexed documents; no merit enquiry - If averments taken as true disclose no right to sue, rejection mandatory to prevent abuse of process. (Paras 21, 32, 39)
Facts of the case:
Plaintiff sought permanent injunction against defendants from transferring/encumbering specified lands claimed via settlement deeds from defendant No.1 executed on later date than prior settlement to defendant No.2. Defendant No.1 applied under Order VII Rule 11 r/w Order I Rule 10 for rejection of plaint or deletion, asserting no ownership/possessory rights post prior settlement; plaintiff countered citing revenue records in defendant No.1 name and restrictive clauses retaining settler control.
Findings of Court:
No cause of action against defendant No.1; contradictory pleadings reveal illusory claim; application partly allowed deleting defendant No.1 from array of parties, suit to proceed against defendant No.2.
Issues: Whether plaint discloses cause of action against defendant No.1 for injunction; propriety of composite application under Order VII Rule 11 and Order I Rule 10; maintainability of bare injunction suit absent declaration where title disputed.
Ratio Decidendi: Cause of action requires bundle of facts entitling relief; here, admissions of settlements negate defendant's capacity to alienate; apprehension from past documents insufficient without overt act; court pierces clever pleadings to reject where no real nexus; partial relief via deletion preserves suit against proper parties.
Result: Application partly allowed; defendant No.1 deleted.
For the Plaintiff :Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate.
For the Defendants :Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lal, Ms. Sanjeevani Sood and Mr. Aakash Thakur, Advocates, Mr. Nitin Thakur, Advocate.
| Table of Content |
|---|
| 1. permanent injunction against alienation of settled lands (Para 1 , 2) |
| 2. no cause against non-owner after prior settlement (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. defendant retains control via settlement recitals (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. reject plaint if no cause of action disclosed (Para 21 , 22) |
| 5. examine plaint averments and annexed documents (Para 23 , 24 , 25 , 26 , 27) |
| 6. settlement transfers title despite revenue records (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. no cause without pleaded overt acts or threat (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 8. delete unnecessary party under order 1 rule 10 (Para 47 , 48 , 49) |
JUDGMENT :
Virender Singh, J.
The order of mine shall dispose of the application, filed by defendant No.1-Tejinder Singh, in Civil Suit No.29 of 2023, titled as Beverley Singh versus Tejinder Singh & Another, under Order 7 Rule 11, read with Order 1 Rule 10, 6 and 151 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), for rejection of the plaint and in the alternative, deleting the name of defendant No.1/applicant from the array of parties.
2. Brief facts, leading to the filing of the present lis, before this Court, as borne out from the record, may be summed up, as under:-
2.1. Plaintiff-Beverley Singh, has filed the civil suit for Permanent Prohibitory Injunction, against the defendants, for the following substantive reliefs:-
a). the Defendant may be restrained from transferring, selling, encumbering, creating third party rights or alienating in any manner whatsoever the lands situated in Mohal Shilla, (Patwar Circle Shilla) Tehsil Dharamshala, District Kangra H.P. denoted by Khasra Nos. 470,498 and 499 (Kita-3) measuring 00-83-56 hects to the extent of 4010880/1329/7396 share measuring 00-25-20 hects. And Khata No. 132, Khatauni No. 175, Khasra No. 629/494, 495 and 496 (Kita-3) total land measuring 00-39-54 hects to the extent of 1/66 share measuring 00-00-60 hects, situated at Mohal Sheela, Mauza Sheela, Tehsil Dharamshala District Kangra H.P. as per jamabandi for the year 2012- 2013 (total land measuring 00-25-00 hects) and Khata No. 38, Khatauni No. 42, Khasra No. 526/1, 527, 529, 530, 1581/522, 1582/522, Kita -6 total land measuring 00-58-53 hects (Salam); Khata No. 178, Khatauni No. 236, Khasra No. 52 land measuring 00-36-87 hects (Salam); Khata No. 230, Khatauni No. 297, Khasra No. 519, total land measuring 588753/2644224 share measuring 00- 07-67 hects; Khata No. 231, Khatauni No. 298, Khasra Nos. 523,524, 1579/522 (Kita-3) total land measuring 00-64-34 hects to the extent of 1297/3217, total land measuring 00-41-53 hects to the extent of 3001/4155 share measuring 00-30-01 hects to the extent of 640/1561 share measuring 00-19-20 hects situated at Mohal Sukkar, Khas, Mauza Sukkar, Tehsil Dharamshala, District Kangra H.P. as per jamabandi for the years 2013-2014 (total land measuring 02-05-75 hects) issued by the Halqa Patwari Shilla;
AND
The land situated in Mohal Dhyal, Mauza Dhyal, Patwari Circle Kajlot, Tehsil Dharamshala District Kangra H.P. which land is comprised in Khata No. 36, Khatauni No. 97 to 100, Khasra Kita 32 total land measuring 01-75-22 hects to the extent of 52566/1103886 share measuring 00-08-34 hects, Khatra No. 85, Khatauni No. 247, Khasra Kita 17 total land measuring 00-76-83 hects to the extent of 6/19 share measuring 00-24-26 hects. Khata No. 87, Khatauni No. 249, 250 Khasra Nos. 501, 503, 507, 509, 502, 504, 508, Kita 7 total land measuring 00-13-02 hects to the extent of 339/1302 share measuring 00-03-39 hects, Khasra No. 91, Khatauni No. 254 to 256, Khasra Nos. 466, 468, 469, 273, 474, 487, 488, 492, 496, 510, 511, 515, 516, 412, 414, 467, 475, 480, 500, 505, 506, Kita 21 total land measuring 00-57-83 hects to the extent of 26528628/173749794 share measuring 00-08-83 hects; Khata No. 92, Khatauni No. 257 to 265; Khasra Kita 30 total land measuring 00-68-86 hects to the extent of 31871/7056
