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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SANDEEP JAIN
Rajesh Kumar – Appellant
Versus
Rakesh Kumar Sharma – Respondent
| Table of Content |
|---|
| 1. factual background of the property dispute. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. defendant's application under order vii rule 11 cpc regarding limitation. (Para 9 , 10 , 11 , 12) |
| 3. trial court's preliminary findings on factual issues. (Para 13 , 14 , 15) |
| 4. plaintiff's arguments against trial court's order. (Para 16 , 18) |
| 5. supreme court's view on application of order vii rule 11 cpc. (Para 21 , 22 , 23 , 24) |
| 6. conclusion and restoration of plaintiffs case for rehearing. (Para 41 , 42 , 43) |
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal has been filed by the plaintiff under Section 96 CPC against the impugned judgment and decree dated 15.11.2025 passed by the court of Civil Judge(Senior Division)/FTC, Bulandshahr in O.S. No. 863 of 2020 Rajesh Kumar vs. Rakesh Kumar and others whereby defendant no.1's application no.125-C2 under Order VII Rule 11 CPC was allowed and consequently, the plaint was rejected.
Plaint case
2. Factual matrix is that the plaintiff/appellant filed O.S.no. 863 of 2020 against defendant of the 1st part Rakesh Kumar Sharma(defendant no.1) and defendants of the 2nd part Dinesh Kumar Sharma, Mukesh Kumar Sharma, Naresh Kumar Sharma and Urmi Sharma(d
The trial court improperly relied on defendant's documents and evidence in dismissing the plaint at the preliminary stage under Order VII Rule 11, highlighting the necessity for evidence before decid....
A plaint can be rejected under Order VII Rule 11 if it does not disclose a cause of action or is barred by limitation, emphasizing the need for substantive over procedural assessment.
Legal actions must be initiated within prescribed time limits, and stale claims that lack timely assertion cannot proceed; thus, suits filed beyond the limitation period are barred by law.
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
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