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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Prem Kumar – Appellant
Versus
Sanjeev Kumar Choudhary – Respondent
| Table of Content |
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| 1. existence of cause of action (Para 2 , 4) |
JUDGMENT :
NIDHI GUPTA, J.
Present Civil Revision Petition has been filed by the defendant no.1 under Article 227 of the Constitution of India for setting aside the Order dated 29.10.2024 (Annexure P-1), whereby Application filed by the petitioner U/O VII Rule 11 R/W Section 151 CPC , in the Civil Suit no. CS/885/2021 titled "Sanjeev Kumar Choudhary Vs. Prem Kumar etc.", has been dismissed by the learned Civil Judge (Junior Division), Faridabad.
2. Brief facts are that the respondent no.1/plaintiff had filed a suit dated 17.03.2021 (Annexure P-2) seeking decree of permanent injunction restraining the petitioner/defendant No.1 from transferring the suit property to third party. It was the case of the plaintiff that petitioner had entered into an Agreement to Sell with the plaintiff vide emails dated 17.11.2020 and 20.11.2020. Written statement dated 25.10.2021 (Annexure P-3) was filed by the petitioner to the above said suit. Subsequently, petitioner had moved present application dated 01.07.2023 (Annexure P-5) under Order 7 Rule 11 CPC seeking rejection of the plaint for lack of cause of action. Respondent No.1 had filed repl
A plaint must disclose a cause of action; rejection under Order VII Rule 11 CPC examines only plaint averments, not evidence.
The court ruled that a cause of action constitutes a bundle of facts which, if proven, entitles a party to maintain an action and that applications under Order VII Rule 11 must not consider the defen....
A plaint may be rejected under Order VII Rule 11(a) and (d) only if it fails to disclose a valid cause of action, especially in light of established precedent.
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
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