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ANAND PATHAK
ANUSHRI JAIN – Appellant
Versus
ANAMIKA JAIN – Respondent
JUDGMENT/ORDER : – Shri Nikhil Sharma, learned counsel for the petitioner.
Shri Ashish Saraswat, learned counsel for the respondents.
With consent heard finally.
The present civil revision under section 115 of the Code of Civil Procedure, 1908, has been preferred by the petitioner, taking exception to the order dated 11-8-2021 passed by the II Civil Judge Class-II, Vidisha whereby the application preferred by the petitioner under Order VII, Rule 11 of CIVIL PROCEDURE CODE , has been rejected.
2. Brief facts giving rise to the present petition are that respondents/ plaintiffs filed a suit for declaration and permanent injunction against the petitioner/defendant No. 1 in respect of the properties description of which is given in para 4 of the plaint. In the plaint, plaintiffs alleged that defendant No. 1/petitioner is daughter of first (divorced) wife of late Aseem Prakash Jain, who already received the permanent alimony of Rs. 4,50,000/- by virtue of order dated 1-3-2009 passed in F. A. No. 194/2007, therefore, defendant No. 1 has no right in the property of late Aseem Prakash Jain.
3. It is stated that plaintiff No. 1 is legally married wife of late Aseem Prakash Jain and plaintif
Advocates appeared :For the Appellant : Nikhil Sharma For the Respondent : Ashish Saraswat
A plaint cannot be rejected under Order 7 Rule 11 if it discloses a valid cause of action, irrespective of claims of vexatiousness or absence of declaratory relief.
The judgment establishes the principle that the scope of revisional powers of the High Court under Section 115 of the CPC is limited to the irregular exercise or non-exercise of jurisdiction, and doe....
The court established that a plaint can be rejected under Order VII, Rule 11 if it is barred by limitation, regardless of the merits of the case.
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