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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Baljeet – Appellant
Versus
Prem Chand – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. The present revision petition is directed against the order dated 27.05.2022 passed by the Court of learned Civil Judge (Jr. Divn.), Faridabad, vide which the application filed by the defendants (except defendant No.7) under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short the "CPC") for rejection of plaint was dismissed.
2. The facts, as emanating from the revision petition, are that the plaintiffs (Prem Chand, Bijender, Smt. Sheela Devi and Smt. Sushila) (respondents No.1 to 4 herein) filed a suit for declaration and injunction seeking the following relief:-
"It is, therefore, prayed that a decree for declaration to the effect that plaintiffs are owners in possession as co-sharers of 1/4th share and that plaintiffs are also owners as co-sharers of another 1/4th share and that defendants No.1 Baljeet, defendant No.4 - Mahipal and defendant No.9 Sri Pal are lessee in possession of 1/4th share under the plaintiffs in the total land measuring 1254 Kanals 4 Marlas as detailed & described in para No.1 of the plaint and that mutation No.2 of village Tajpur regarding inheritance of said Govinda as sanctioned on 26.07.1927 and lease deed for 9
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
The main legal point established in the judgment is the need for a meaningful reading of the plaint, scrutiny of the cause of action, and prevention of illusory causes of action to avoid circumventin....
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
Point of law: Rejection of plaint - Clever or ingenious drafting cannot mask the Court for consideration of am application seeking rejection of the plaint when the suit is barred by limitation on the....
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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