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VISHAL DHAGAT
Manpreet Gill Maini (Smt. ) – Appellant
Versus
Baldeep Kaur Siddhu – Respondent
ORDER
1. Appellants have filed this appeal under section 96 of Code of Civil Procedure, 1908 challenging order dated 25.9.2023 passed by District judge (28th), Jabalpur in RCS No.340A/2018.
2. Brief facts of the case are that appellants are plaintiffs and respondents were defendants before trial Court. Appellants and respondents are siblings and son's-daughter's of Manmohan Singh Gill. He met with a road accident while returning from Hyderabad to Jabalpur on 6.5.2017 and thereafter he died. Father of Late Manmohan Singh Gill namely Late Malkiyat Singh has purchased properties. After his death properties passed over to Late Manmohan Singh Gill. Sometime after death of Late Manmohan Singh Gill dispute arose between brothers and sisters regarding partitioning of property. Appellants filed Civil Suit making a prayer that appellants be granted 1/4th part of the properties mentioned in Para-6 of plaint. At the stage of hearing of case, an application was moved by respondents under Order 7 Rule 11 of CPC. Reply to application under Order 7 Rule 11 of CPC was filed and trial Court after detailed hearing of parties allowed the application and dismissed the suit vide order dated 25.9.2023. Be
A party must provide valid reasons for any delay in filing applications and demonstrate the relevance of evidence to the case, as per the procedural rules under the CPC.
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....
At the application stage under Order VII Rule 11 CPC, the court only examines the plaint and supporting documents to determine if a cause of action exists, without evaluating evidence. Suit maintaine....
A plaint can be rejected under Order VII Rule 11(a) for lack of cause of action, even without a defendant's application, if the plaintiffs have no valid claim to relief.
The main legal point established in the judgment is the requirement for evidence to determine the status of the suit property and the relevance of the plaintiff's non-involvement in the sale deed dtd....
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