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AVANINDRA KUMAR SINGH
RELIANCE CEMENT COMPANY PVT. LTD. – Appellant
Versus
MANMINDER SINGH – Respondent
ORDER :
1. Though this matter has been listed for orders on admission, however, with the consent of learned counsel for the parties it is finally heard.
2. This revision has been filed by the applicant/defendant No. 1/M/s Reliance Cement Company Pvt. Ltd. against order dated 5-5-2022 passed by the First Civil Judge, Junior Division, Parasiya, District Chhindwara in RCSA/19/2022 whereby his application under Order 7, Rule 11 of CPC has been rejected.
3. It is submitted by learned counsel for the applicant that on the same spot or disputed land the Central Government has granted lease to extract coal to his party, whereas the State Government granted lease for stone crushing or extracting of minor minerals from the top to the respondent, earlier in time. It is further submitted by learned counsel that in paragraph 2 of the plaint it is stated that lease in favour of plaintiff-Manminder Singh expired on 4-1-2019 and before expiry of the lease he has already filed an application for renewal of lease with Mining Officer, District Chhindwara, therefore, suit was filed for permanent injunction.
4. The petitioner/revisionist/defendant filed an application under Order 7, Rule 11 of CPC before t
A suit must disclose a valid cause of action; otherwise, it is subject to dismissal under Order 7, Rule 11 of CPC.
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
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 court ruled that a cause of action constitutes a bundle of facts which, if proven, entitles a party to maintain an action and that applications under Order VII Rule 11 must not consider the defen....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
A plaint cannot be rejected under Order VII Rule 11 for failure to disclose a cause of action if new instances of trespass are claimed, necessitating a trial on the merits.
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
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