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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Badri Nath S/o Mst. Achri – Appellant
Versus
Parma Nand S/o Kirpu – Respondent
ORDER :
RAHUL BHARTI, J.
1. Heard the learned counsel for both sides.
2. The four appellants herein came to be named as the defendants in a civil suit filed by the four respondents herein.
3. The suit so filed by the respondents is asking for a decree of permanent prohibitory injunction read with a mandatory injunction thereby seeking restraining of the appellants from causing any interference or raising any construction upon two marlas of Shamlat Deh land (Taraf Rehn) born out of khasra No. 1162 situated in village Rehmbal (Morha Rehni) said to be located adjoining eastern side of the respondents’ proprietary land comprising khasra No. 1183 and also for mandatory injunction requiring the appellants herein to demolish the construction made upon the said two marlas of suit land comprised in khasra No. 1162.
4. The suit came to be instituted on 08.01.2015.
5. Before filing of the said suit, the parties (appellants and respondents) had already previously suffered a long drawn round of litigation vis-à-vis each other with the respondents being the initiators of said previous litigation.
6. The appellants, as defendants No. 1 to 4 in the suit, came forward with a joint written statement meetin
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
Plaint not rejected under Order VII Rule 11 CPC where averments disclose cause from challenge to recent mutations/sales based on alleged wrong entries post pre-statute tenancy relinquishment; jurisdi....
The power to reject the plaint under Order 7 Rule 11 can be exercised based on the averments of the plaint only, and the defense of the defendants is irrelevant at that stage.
A plaint must be deemed to disclose a cause of action if the statements therein, taken as true, allow for a claim to proceed, regardless of subsequent merits, as defined under CPC.
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