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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Nisha Sharma – Appellant
Versus
Bimaljeet Kaur @ Jasvir Kaur – Respondent
JUDGMENT :
Alka Sarin, J.
Present revision petition has been filed challenging the order dated 17.08.2024 (Annexure P-1) whereby the application filed by the petitioner for dismissal of the suit under Order II Rule 2 of the Code of Civil Procedure, 1908 has been dismissed.
2. The brief facts relevant to the present lis are that plaintiff (respondent No.1 herein) filed a suit seeking inter-alia a declaration to the effect that she is owner to the extent of half share in the property i.e. measuring 07 Marlas comprised in Khata No.98/122, Khasra No.5/12 as per Jamabandi for the year 1999-2000, situated in village Bhattian, Hadbast No.328, Tehsil Khanna, District Ludhiana as well as for permanent injunction. It was claimed that Meehan Singh, father of the plaintiff (respondent No.1 herein) and the defendant No.1 (respondent No.3 herein), was owner in possession of the suit property. Bhajan Kaur was the mother of the plaintiff (respondent No.1 herein) and the defendant No.1 (respondent No.3 herein). It was further the case set up that Meehan Singh died intestate leaving behind the plaintiff (respondent No.1 herein), defendant No.1 (respondent No.3 herein) and Bhajan Kaur as Class-I heirs
The dismissal of a suit under Order II Rule 2 CPC requires clear evidence of a barred claim based on the same cause of action.
The court affirms that a plaint cannot be rejected under Order VII Rule 11 CPC without a detailed evidential examination.
The main legal point established in the judgment is that for considering the application under Order 7 Rule 11 CPC, only the plaint had to be seen, and the contents of the application or the written ....
The rejection of the plaint on the ground of limitation is a mixed question of fact and law, and the application under Order VII Rule 11 CPC is to be decided based on the averments in the plaint.
Dismissal of suit for default does not bar a fresh suit on distinct grounds; res judicata applies only when parties and cause of action are the same.
A plaintiff must include all claims arising from the same cause of action in one suit; splitting claims without court permission is impermissible.
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