IMPORTANT POINT
Pleadings--Plaintiffs are required only to state material facts in the plaint and not the evidence.
Specific performance of contract—Pleadings—Material Facts—Enumerated.

Permod Kohli, J.:-Invoking jurisdiction of this Court under Article 227 of the Constitution of India, validity of the order dated 15.3.2007, Annexure P-4, passed by the learned Civil Judge (Senior Division), Gurgaon, has been questioned, by the petitioner-defendant. In a suit filed by the plaintiffs Sanjiv Kumar Jain and Smt.Amita Jain, claiming specific performance of sale agreement dated 4.12.2005, the petitioner-defendant Ravi Sharma filed an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint, inter-alia, on the following grounds:­

(i) That the plaint did not disclose cause of action in favour of the plaintiffs and against the defendants.

(ii) The alleged agreement, the basis of the suit, has been obtained by fraud and mis­ representation and the same is malafide.

2. This application was resisted by the plaintiff-respondents, who preferred objections to the same pleading therein that the plaint discloses cause of action, the agreement is enforceable in law, the allegations that the agreement has been procured by fraud and mis-representation, are also denied.

3. The learned trial Court vide its detailed order dated 15.3.2007, Annexure P-4, dismissed the application filed by the petitioner-defendant by holding that the plaint discloses cause of action in paragraph 17 thereof. The learned trial Court also noticed various averments in the plaint and stated that the question whether the agreement has been procured by fraud, mis-representation and deceit, constitute triable issue.

4. Mr. Harjinder Singh, learned Senior Advocate appearing or the petitioner has made elaborate and detailed submissions.

5. I have perused the impugned order, the plaint and the application, copies whereof have been placed on the record or this revision petition.

6. The expression cause of action has not been defined in the Code of Civil Procedure. It also cannot be defined in a straight-jacket manner. However, the expression has been explained by the Hon’ble Apex Court in Mayar (H.K.) Ltd. & Ors. Vs. Owners & Parties, Vessel M. V. Fortune Express & Ors., 2006 (2) Civil Court Cases, 15, in paragraph 11 of the judgment, which is as under:-

“A cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, willful default, undue influence or of the same nature. So long as the plaint discloses some cause of action which requires determination by the court, mere fact that in the opinion of the Judge the, plaintiff may not succeed cannot be a ground for rejection of the plaint.

7. In order to appreciate the contention of the petitioner, I have also scanned the plaint. It may be relevant to briefly refer to some of the averments in paragraphs 2, 9,10,13 and 17, of the plaint:­

“2. That the defendant No.1 had agreed to sell away the said plot described in para no.1 of the plaint in favour of the plaintiff no.1 and his nominee as the case may be for a total sale consideration of Rs.2, 22, 00, 000/- (Rs.Two Crore Twenty Two lacs only) free from all any encumbrances lien, charge of claim against the property and duly executed and signed a written sale agreement in favour of plaintiff no. 1 on 04.12.2005 at Panchkula (Haryana)........................... The defendant no.1 received a sum of Rs. 10,00.000/- from the plaintiff no. 1 comprising of Rs.2 lac in cash and Rs.8 lacs vide cheque no.393873 dated 04.12.2005 drawn on Centurian Bank Ltd. Chandigarh by way of earnest money/part sale consideration and the balance sale consideration was agreed to be paid at the time of registering of the sale deed and delivery of peaceful vacant possession to the purchaser free from any encumbrances. The sale deed was agreed to be effected upto 31.3.2006 or within 10 days from the receipt of NOC” and transfer permission whi