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MOUSHUMI BHATTACHARYA, M. G. PRIYADARSINI
Bajranglal Agarwal – Appellant
Versus
Susheela Agarwal – Respondent
JUDGMENT
Moushumi Bhattacharya, J.—The Appeal arises out of an order dated 31.01.2024 passed by the XI Additional Chief Judge, City Civil Court, at Hyderabad in an application made by the respondents/defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) for rejection of the plaint filed in the appellant’s Suit.
2. The appellant/plaintiff filed a Suit before the Trial Court for partition of the suit schedule property by allotting 1/3rd share to the appellant and for declaration of the Gift Settlement Deed executed by the respondent No.1/defendant No.1 in favour of the respondent No.2/defendant No.2 on 09.12.2022 as null and void. By the impugned order, the defendants’ (respondents herein) application under Order VII Rule 11 of CPC was allowed and the appellant’s plaint was rejected.
3. A brief explanation of the relevant facts is required to be stated:
4. The appellant/plaintiff is the youngest
son, respondent No.2 is the eldest son and respondent No.3 is the 2nd son of the respondent No.1.
5. The appellant filed the Suit - O.S.No.124 of 2023 – against the respondents i.e., the mother and the 2 remaining brothers, for partition of the suit schedule property
Rejection of plaint – A plaint lacking cause of action cannot proceed further.
A plaint must disclose a clear cause of action; contradictory claims regarding ownership undermine the right to sue, leading to rejection under Order VII Rule 11 of the CPC.
No cause of action exists for partition without challenging the underlying gift deed; the plaint cannot be rejected on grounds of limitation based on the alleged fraud.
The court held that a partition suit is not maintainable without proper evidence of ownership, especially when the property has been sold in execution proceedings.
Order 7, Rule 14 of C.P.C. which provides for production of document.
The main legal point established in the judgment is that a deed of conveyance shall not be cancelled without putting the person on notice, and the court considered the impact of the cancellation deed....
A cause of action must be assessed holistically, considering all relevant evidence, and cannot be dismissed solely based on preceding legal findings or limitations without a comprehensive examination....
A partition suit can proceed if the plaint discloses a cause of action, and issues of limitation and court fees will be determined at trial.
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