IMPORTANT POINT
A plaint cannot be rejected under Order VII Rule 11 CPC based on alleged contradictions in the claims; it must be assessed as a whole to determine if it discloses a cause of action.

JUDGMENT :

Javed Iqbal Wani, J.

1. The instant appeal is directed against order dated 05.04.2018 (for short ‘the impugned order/judgment and decree) passed by the Principal District Judge, Srinagar, (for short 'the Trial Court') in case titled as “Hafeeza Begum and Ors.” vs Shamsu-Din Bhat and Ors.”.

2. The facts emerging from the memo of appeal reveal that the appellants herein filed a civil suit with following reliefs:-

“To pass a decree of declaration declaring plaintiffs as exclusive owner of the property and the sale deeds dated 15.03.2014 registered on 22.06.2014 and 2nd sale deed dated 24.03.2015 registered on 16.04.2015 as mentioned above be declared null and void and ineffective as defendant No. 3 has no right or title to alienate the suit property, hence sale deeds executed by defendant No. 3 in favour of defendant No. 1 & 2 defendant No. 1 be declared to be ineffective, illegal and liable for cancellation.

In alternative if the defendant No. 3 is held to have a right to sell the property, then a decree for right of prior purchase in respect of suit property on payment of the price proved to be paid in favour of plaintiffs against defendants with cost of suit.

The defendants be restrained from causing any interference in the suit property.”

3. The respondents herein being the defendants before the Trial Court after entering appearance filed written statement to the civil Suit. During the pendency of the said Suit, the Trial Court on 15.09.2017 framed as many as 6 issues upon pleadings of the parties.

4. On 14.10.2017 the defendants/respondents herein filed an application under Order VII Rule 11 CPC seeking therein rejection of the plaint on the plea that the plaint does not disclose any cause of action to which objections came to be filed by the plaintiffs appellants herein.

5. The Trial Court upon considering the said application filed under Order VII Rule 11 CPC by the defendants respondents herein rejected the plaint of the plaintiffs/appellants herein in terms of impugned order/judgment and decree while allowing the application thereby dismissing the Suit of the plaintiffs/appellants herein.

6. Following grounds of challenge have been urged in the memo of appeal:-

“i) That the impugned judgment and Decree passed by the Ld. Pr. Distt. Judge, Srinagar is legally bad and suffers from serious legal infirmities therefore liable to be quashed and set aside. It is a settled position of law that Plaint cannot be rejected on allegations made by respondent in his written statement or in his application for rejection of plaint. Court has to read entire plaint as whole to find whether it discloses cause of action or not if plaint discloses cause of action, then it cannot be rejected under O.7, R.11-A CPC whether plaint discloses cause of action is question of fact as long as plaint discloses cause of action, mere fact that plaintiff may not succeed in the suit cannot be ground of rejection of plaint. In this connection attention of the Hon'ble Court is drawn to paras 11 and 12 of the Apex court judgment titled Kuldeep Singh Pathania v. Bikram Singh Jaryal, paras 11 and 12 read as under:-

Para 11: In Mayar (H.K.) V. Vessel M.V. Fortune Express, this court has dealt with a similar issue. To the extent relevant, Para 12 reads as follows:

“From the foresaid, it is apparent that the plaint cannot be rejected on the basis of the allegations made by the defendant in his written statement or in an application for rejection of the plaint. The court has to read the entire plaint as a whole to find out whether it discloses a cause of action and if it does, then the plaint cannot be rejected by the court exercising the powers under Order 7 Rule 11 of the Code. Essentially, whether the plaint discloses a cause of action, is a question of fact which has to be gathered on the basis of the averments made in the plaint in its entirety taking those averments to be correct. A cause of action is a bundle of facts which are required to be proved for obtainin