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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Sunita Gupta – Appellant
Versus
Prem Gupta – Respondent
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal has been filed by the plaintiffs under Section 96 CPC against the impugned judgment and decree dated 10.7.2025 passed by the Additional District Judge, Court no. 11,Agra in O.S.no. 59 of 2025, Smt.Sunita Gupta and another vs. Smt.Prem Gupta and others, whereby the application no. 27-C of defendant no.1 and 2 under Order VII Rule 11 CPC has been allowed and consequently, the plaint has been rejected.
Plaint case
2. The plaintiffs who are the daughter and son of defendant no.1 Smt. Prem Gupta and sibling of defendant no. 2 Smt.Anju Gupta filed O.S. No. 59 of 2025 with the averments that plaintiffs and defendant no.1 and 2 are the members of the HUF who are originally resident of Mahavir Ganj, Aligarh. There was an ancestral house of their grandfather late Babulal Gupta , who was having a business of Aadat. Their father Omprakash Gupta left Aligarh and joined service as Senior Asst. in the office of the Joint Development Commissioner(JDC) Agra much prior to 1955 and thereafter, married defendant no.1 in or about 1955 who was very poor,hand to mouth person and was totally dependent upon their father. It was further submitted that their gran
At the stage of Order VII Rule 11 of the CPC, the Court cannot go into the veracity of the pleas taken in the plaint or its truthfulness. The same can only be tested in a trial.
The main legal point established in the judgment is that the plaintiffs must establish the existence of a cause of action and entitlement to seek the reliefs as sought in the plaint. Failure to do so....
The main legal point established in the judgment is the requirement for clear pleadings and necessary averments for the existence of joint Hindu family/HUF properties, and the court's wide discretion....
The court determined that the plaint disclosed a valid cause of action, necessitating a trial regarding the status of the property as part of a Hindu Undivided Family.
Order 7 Rule 11 of CPC reads as Rejection of plaint- Plaint shall be rejected, where suit appears from statement in plaint to be barred by any law, where it is not filed in duplicate.
Power conferred under Order 7 Rule 11 CPC is a drastic one and conditions precedent to exercise such powers are stringent.
The main legal point established in the judgment is that in order to claim a share in ancestral properties as part of an HUF, it is necessary to provide specific factual details of the creation or ex....
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