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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Rajkumar Gupta @ Raj Sahu – Appellant
Versus
Hira Lal Sahu, S/o Mahadev Lal Halwai – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 16.02.2023 passed by learned Civil Judge (Senior Division)-I, Khunti in O.S. No.10 of 2020 whereby the learned Court has rejected the application under Order 7 Rule 11 (a) and (d) read with Section 151 of the CPC filed by the defendants/petitioners.
3. Mr. Sudhir Kumar Sharma, learned counsel appearing for the defendants/petitioners submits that one Mahadeo Halwai father of Plaintiff/Respondent No.1 instituted Partition Suit against Devendra Sahu (now deceased) and three others being Partition Suit No.53/13 of 1961-62 in the Court of Sub-Judge, Ranchi for partition of land of Khata No.48 and 84 of village-Khunti Tola, Khata No.103, 231 and 23 of village – Khunti, District Ranchi for the relief that a preliminary decree for partition be passed and a separate takhta of 8/- of the plaintiff by appointing a pleader commissioner be carved out from the proper and after making the decree final the plaintiff be put separate possession of the s
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.
The main legal point established in the judgment is that the plea of res judicata requires consideration of the pleadings, issues, and decision in the previous suit, which is beyond the scope of Orde....
A suit cannot be dismissed at an early stage under Order 7 Rule 11 based solely on time limitation when material factual disputes exist.
The principle of res judicata cannot serve as a basis for rejecting a plaint under Order VII Rule 11 of the CPC; it must be framed as a preliminary issue in trial.
An application for plaint rejection under Order 7 Rule 11 CPC only evaluates the plaint's contents without considering the defendant's defense. Res judicata principles need comprehensive analysis bey....
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
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