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IN THE HIGH COURT OF ALLAHABAD
KSHITIJ SHAILENDRA
Nimmi Infratech Private Limited (Previously Satya Homes Private Limited) – Appellant
Versus
Fundan – Respondent
JUDGMENT :
(Kshitij Shailendra, J.)
ANALYSIS OF BAR OF SUIT INVOKING U.P. REVENUE CODE, 2006 VIS-A-VIS REJECTION OF PLAINT UNDER ORDER 7 RULE 11 C.P.C.
THE APPEAL
1. The instant appeal under Section 96 of the Civil Procedure Code, 1908 (hereinafter referred to as 'C.P.C.') assails validity of the impugned judgment and order dated 16.8.2024 and decree dated 20.8.2024 based thereupon, whereby the learned Civil Judge, (Senior Division), Gautam Buddha Nagar has allowed an application 20&d filed by the defendant-respondent No. 6 under Order VII Rule 11 C.P.C. and rejected the plaint of Original Suit No. 828 of 2024 (Nimmi Infratech Pvt. Limited v. Fundan and others). The order impugned amounts to a decree under Section 2(2) C.P.C., hence this regular appeal.
FACTUAL MATRIX
2. The aforesaid suit was filed with the averments that Satya Homes Private Limited being a private limited company incorporated and registered under the provisions of the Companies Act, 1956, was subsequently nomenclatured as Nimmi Infratech Private Limited. Defendants No. 1 to 4 were alleged to be owners of the property in dispute with an averment that their names were recorded in the revenue records and that they had ent
Civil Courts have jurisdiction to adjudicate matters involving non-agricultural land, despite the U.P. Revenue Code's provisions, as the rejection of the plaint was deemed unlawful.
The civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
The pendency of proceedings under one provision does not bar actions under another; purely legal questions can be heard despite available alternative remedies.
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.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
Civil courts retain jurisdiction over non-agricultural properties in disputes involving agricultural claims, and cannot dismiss the entire plaint under Order 7 Rule 11 without evaluating all claims o....
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