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HARSIMRAN SINGH SETHI
Atul Kumar Goyal – Appellant
Versus
Manoj Jain – Respondent
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
CM-4791-CII-2021
Application is allowed, as prayed for.
CR-111-2016
The present civil revision petition has been filed challenging the order dated 08.12.2015 (Annexure P-3) vide which the application filed by the petitioner-defendant under Order 7, Rule 11 CPC for rejection of the plaint, has been dismissed.
2. The respondents-plaintiffs had filed a suit seeking possession of tenanted premises situated at Ashri Gate Chowk, Jind City, the description of which property was given in the suit itself. The further prayer was that the petitioner-defendant would construct the building on the site and will deliver the possession of the said re-constructed building to the respondents-plaintiffs or in the alternative, the respondents-plaintiffs be allowed to construct the building at a place, where he was already a tenant.
3. In the said suit, an application was filed under Order 7, Rule 11 CPC for rejection of the plaint raising a plea that there is no cause of action to file the present suit and further, once the building in question, in which the respondents-plaintiffs were tenant, has already been demolished and no relief was given in favour of
A plaint cannot be rejected based on constructive res-judicata at the initial stage; it requires full consideration of evidence.
The main legal point established in the judgment is that at the stage of considering an application under Order VII Rule 11 of the CPC, the trial Court need not conduct a roving inquiry into the fact....
Amendment in pleadings - Since lower appellate court is final court on facts and the suit is pending since year 2000, it would be appropriate to remand back matter to lower appellate court with liber....
The main legal point established is that the Trial Court can exercise the power under Order VII Rule 11 of the CPC at any stage of the suit and the averments in the plaint are crucial for deciding su....
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