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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Jagjeet Wadhwa – Appellant
Versus
Sunita – Respondent
ORDER :
SANJAY DWIVEDI, J.
Appellant has filed this appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 assailing the judgment dated 13.09.2023 passed by the III District Judge Damoh, District Damoh in RCA No. 72/2022 whereby the judgment and decree dated 18.10.2022 passed by the III Additional Civil Judge, Damoh in Civil Suit No. 96-A/2019 has been reversed and the matter has been remitted back to the trial court for de-novo trial.
2. For the purpose of clarity, hereinafter the respondent Nos. 1 to 4 shall be addressed as plaintiffs and, the appellant, respondent Nos. 6 to 10 and the State shall be addressed as defendants.
3. As per the facts of the case, the plaintiffs had filed a civil suit bearing RCS-A No. 96/2019 for declaration of the sale deeds executed in favour of the defendants as null and void and for permanent injunction restraining the defendants from interfering with their possession.
3.1 The dispute was with regard to Khasra No. 115 (new Khasra Nos. 188 and 189) area 8.09 hectares which was further sub-divided into Khasra Nos.115/1, 115/2 and 115/3 and during the process of settlement its area was reduced to 6.93 hectares and as such the reduced area i.e
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 denial of a plaint based on limitation or absence of cause of action requires full trial; allegations of fraud establish a valid cause for litigation, demanding judicial examination.
Legal actions must be initiated within prescribed time limits, and stale claims that lack timely assertion cannot proceed; thus, suits filed beyond the limitation period are barred by law.
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....
Point of law: Rejection of plaint - Clever or ingenious drafting cannot mask the Court for consideration of am application seeking rejection of the plaint when the suit is barred by limitation on the....
The main legal point established in the judgment is the application of Order VII Rule 11 of the Civil Procedure Code, 1908, and the determination that the suit was barred by limitation.
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