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G. S. AHLUWALIA
Kamla Sharma – Appellant
Versus
Gopal Datt Dholakhandi – Respondent
ORDER
1. This first appeal under section 96 of C.P.C. has been filed against order dated 5.11.2015 passed by VIIth Additional District Judge, Gwalior in Civil Suit No. 26-A/2010 by which an application filed by respondent No. 1 under Order 7 rule 11 CPC has been allowed and plaint filed by appellant, has been rejected.
2. Since, the controversy revolves in a very narrow campus, therefore, it is not necessary to dwell upon the factual matrix in detail.
3. It is suffice to mention here that plaintiff/appellant has filed a suit for declaration of title and permanent injunction. Written statement was filed, issues were framed, evidences were also recorded and documents were also exhibited. At that stage, respondent No. 1 filed an application under Order 7 rule 11 CPC.
4. The trial Court by impugned order has allowed the application filed under Order 7 rule 11 CPC and has held that in view of compromise decree drawn in Civil Suit No. 11-A/2011 on 11.3.2011, plaint is liable to be rejected.
5. Challenging the order passed by Court below, it is submitted by counsel for appellant that it is true that an application under Order 7 rule 11 CPC can be filed at any stage, but the scope of interferen
The main legal point established in the judgment is that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful, as per the provisions o....
A plaint cannot be rejected if it discloses a cause of action, and non-parties to a compromise decree have the right to challenge its validity.
The court affirmed that only the plaint's averments are to be considered in an application under Order 7 Rule 11, ruling that the plaint sufficiently disclosed a cause of action and other objections ....
The court emphasizes the necessity of conducting an inquiry under Section 47 CPC concerning the rival contentions regarding impleadment of parties in execution proceedings.
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