IMPORTANT POINT
A suit must disclose a valid cause of action; otherwise, it is subject to dismissal under Order 7, Rule 11 of CPC.

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 the trial Court which was dismissed vide order dated 5-5-2022 (Annexure-A/4) on the ground that only plaint averments are to be seen and not the defence of the defendants.

5. Perused the record. Revision has been filed on the ground that no cause of action has arisen on the provision under Order 7, Rule 11, CPC. He further submits that plaintiff has filed Writ Petition No. 12699/2020 Manminder vs. State in the High Court, but subsequently it was withdrawn on 11-11-2020. The order of writ Court is at Page No. 35 of this revision. In W.P. No. 12699/2020 also the issue of renewal of lease was involved.

6. After hearing the learned counsel for the rival parties, on being asked specific question regarding validity of lease period to learned counsel for the respondent-Manminder Singh, he admitted that on the date of filing of the suit, especially in the light of withdrawal of the Writ Petition No. 12699/2020 by plaintiff there was already no lease in favour of plaintiff-Manminder Singh.

7. On hearing learned counsel and perusing the record, this Court is of the considered view that on the date of filing of suit there was no cause of action in favour of plaintiff and the same would arise only when the lease deed is renewed or application was decided one way or the other. Therefore, in the considered opinion of this Court learned trial Court erred in recording finding in respect of application under Order 7, Rule 11, CPC. The Court under Order 7, Rule 11(a) of CPC has to see whether only cause of action has arisen in favour of plaintiff.

8. In this regard it is worth referring to the decision in the case of Dahiben vs. Arvind Bhai Kalyanji Bhansali, 2020 SCC Online (SC) 562, Civil Appeal No. 9519/2010 decided on 9-7-2020 wherein the Hon’ble Supreme Court has held as under:

“12. We have heard the learned Counsel for the parties, perused the plaint and documents filed therewith, as also the written submissions filed on behalf of the parties.

12.1 We will first briefly touch upon the law applicable for deciding an application under Order VII, Rule 11, CPC, which reads as under:

“11. Rejection of plaint - The plaint shall be rejected in the following cases:

(a) where it does not disclose a cause of action.

(b) where the relief claimed in undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so.

(c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so.

(d) where the suit appears from the statement in the plaint to be barred by any law.

(e) where it is not filed in duplicate.

(f) where the plaintiff fail