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VIKAS BAHL
Jiva Ram Goyal – Appellant
Versus
Ramesh Kumar Bansal – Respondent
JUDGMENT :
Vikas Bahl, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 22.10.2024 (Annexure P-5) passed by the Civil Judge (Senior Division), Bathinda whereby the application filed by the petitioner/defendant No. 2 under Order VII Rule 11 CPC for rejection of the plaint has been dismissed.
2. Learned counsel for the petitioner has submitted that in the present case, the prayers made in the suit are covered under Section 92 of the Code of Civil Procedure and thus, the suit could have only been instituted either by the Advocate General or two or more persons having an interest in the trust and after having obtained the leave of the Court. It is further submitted that the present suit has neither been instituted by the Advocate General nor the leave of the court has been taken. It is argued that the impugned order dated 22.10.2024 vide which the application filed by the petitioner under Order 7 Rule 11 CPC on the above said ground, has been dismissed is illegal and deserves to be set aside.
3. A perusal of the order dated 22.10.2024 would show that the trial Court had observed that in the present case, t
Partial rejection of a plaint is impermissible; if any relief survives, the action cannot be dismissed in parts, emphasizing the need for whole plaint consideration.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
Timely applications for plaint rejection are essential; attempting to reject a plaint after evidence closure undermines the judicial process and is considered an abuse of court resources.
An order granting leave under Section 92 of CPC is a judicial order, subject to revision, and requires necessary parties to be impleaded and interests to be established.
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
The court established that an order granting leave under Section 92 of CPC is judicial and subject to revision, contrary to previous interpretations.
(1) Rejection of plaint – No plaintiff can be permitted to seek relief in a suit which would frustrate defendants from initiating a prosecution against plaintiff or seeking any other remedy available....
Civil Law – Decree - A decree is preliminary when further proceedings have to be taken before suit can be completely disposed of. It is final when such adjudication completely disposes of suit - It m....
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