Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Susila Dibya – Appellant
Versus
Surendranath Singh – Respondent
| Table of Content |
|---|
| 1. commencement and grounds of the appeal. (Para 1 , 2) |
| 2. court's analysis regarding rejection of the plaint. (Para 3 , 4 , 7 , 8 , 9 , 10 , 11) |
| 3. arguments regarding the plaint and cause of action. (Para 5 , 6) |
| 4. restoration of suit based on cause of action. (Para 12) |
| 5. conclusion and order for proceedings. (Para 13 , 14) |
JUDGMENT:
R.K. PATTANAIK, J.
1. Instant appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter refer to as ‘the C.P.C.’) is filed by the appellant assailing the correctness of the judgment dated 26th April, 2007 promulgated in RFA No.2/117 of 2005/2004, whereby, order dated 19th July, 2004 passed in C.S. No.376 of 2003 by the learned Civil Judge (Senior Division), Puri in rejecting the plaint in terms of Order 7 Rule 11 C.P.C was confirmed.
2. The appellant instituted the suit in C.S. No.376 of 2003 against the respondents for a declaration that the sale deeds executed on 11th October, 1965 and 25th March, 1970 in favour of respondent No.1 to be illegal and void and not binding to her and for permanent injunction. The respondents challenged the suit and claimed for rejection of plaint as per Order 7 Rule 11 C.P.C. on the ground
The rejection of a plaint under Order 7 Rule 11 cannot stand where a credible cause of action is presented, especially when fraud is alleged, which can reset the limitation period.
A plaint disclosing a cause of action cannot be rejected without examining merits, particularly when fraud is alleged, as such claims affect the limitation period.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
The main legal point established in the judgment is the need for a meaningful reading of the plaint, scrutiny of the cause of action, and prevention of illusory causes of action to avoid circumventin....
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
