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VIKAS BAHL
Jiva Ram Goyal – Appellant
Versus
Ramesh Kumar Bansal – Respondent
| Table of Content |
|---|
| 1. analysis under rule 11 of the cpc. (Para 1 , 2) |
| 2. substantive civil suit details and core issues. (Para 3 , 4) |
| 3. discussion on dismissal standards and discretion. (Para 6 , 8) |
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
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.
Plaint under Section 92 CPC not rejected under Order VII Rule 11 where it discloses cause of action via fraud/breach allegations in public religious trust; limitation/mixed issues triable; no partial....
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....
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