Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Kedar Baid S/o Late Shanti Baidain and Late Mital Baid – Appellant
Versus
Rajendra Manjhi – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Rajiv Sinha along with Ms. Shreesha Sinha, Mr. Bhupal Krishna Prasad and Mr. Niraj Kumar, learned counsel appearing for the petitioner and Mr. J.P. Jha, learned senior counsel along with Mr. Sanjeev Thakur and Mr. Aishwarya Prakash, learned counsel appearing for legal heirs of respondent no.1.
2. In light of the order dated 23.02.2017, respondent nos. 3, 4, 5, 6, 8, 9 and 10 have already been transposed and joined the petitioner.
3. This writ petition has been filed under Article 227 of the Constitution of India for quashing the order dated 12.05.2010 passed in Title Suit No.88/2006 by the learned Sub-Judge-1st, Dumka, whereby, the petition filed under Order VII Rule 11(a)(d) of the Code of Civil Procedure (hereinafter to be referred to as “C.P.C.”) by the defendant/petitioner for rejection of the plaint has been refused by the learned Court.
4. Mr. Rajiv Sinha, learned counsel appearing for the petitioner submits that the lands appertaining to Gantzer J.B. No.17 of Mauza Bara, P.S. Jama and lands of J.B. No.24 of Mauza Gajanda, P.S. Jama, District- Dumka stood recorded in the name of Lalji Mahto, Bhullan Mahto and Feku Mahto, all sons of
Suit barred due to lack of objection against record of rights; civil court jurisdiction excluded under specific statutory provisions.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Family settlements may not require registration if they do not create or confer any rights in property, maintaining the principle that suits should disclose a cause of action as per Order 7 Rule 11.
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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
