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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Mohd Bin Salam – Appellant
Versus
Laiqunnisa – Respondent
| Table of Content |
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| 1. legal standards for rejecting a plaint under order vii rule 11. (Para 13) |
ORDER :
This Civil Revision Petition is filed by the petitioner-defendant No.1 aggrieved by the order dated 30.11.2021 passed in I.A. No.471 of 2019 in O.S. No.13 of 2018 by the Principal Senior Civil Judge, Mahabubnagar, for dismissing the petition filed by him for rejecting the plaint under Order VII Rule 11 of CPC .
3. The plaintiff filed the suit against defendant Nos.1 and 2 to declare the registered sale deed documents No.419 of 2011 and 420 of 2011 dated 13.01.2011 executed by the plaintiff in favour of defendant No.1 as illegal and sham documents and to declare her as the owner of the lands covered by the said documents and to grant perpetual injunction to restrain the defendant No.1 from alienating the suit land to others.
5. The plaintiff further averred that defendant No.1 tried several times to take possession from defendant No.2, but he could not take possession of the lands as such, the purpose of execution of the suit registered sale deeds by the plaintiff in favour of defendant No.1 had been defeated and the defendant No.1 stopped his efforts for taking possession of the lands f
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
The main legal point established in the judgment is that a suit can be rejected under Order VII Rule 11 of the CPC if it is found to be manifestly vexatious and without merit, and does not disclose a....
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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