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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Aila Suryanarayana – Appellant
Versus
Chinthalapani Karuna – Respondent
| Table of Content |
|---|
| 1. petitioner claims ownership based on prior transactions. (Para 2) |
| 2. plaintiff asserts rights through her deceased mother’s ownership. (Para 3) |
| 3. petitioner appeals dismissal of plaint rejection application. (Para 4 , 5 , 6) |
| 4. court examines legal standards for rejecting plaints. (Para 7 , 8 , 9) |
| 5. court clarifies that cause of action must be established. (Para 10 , 11 , 12 , 13) |
| 6. court affirms trial court's dismissal of the petition. (Para 14 , 15 , 16) |
ORDER :
G. RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner - defendant No.2 aggrieved by the order dated 14.02.2022 passed in I.A.No.107 of 2020 in O.S.No.8 of 2017 by the learned Principal Junior Civil Judge, Jagtial for dismissing the petition filed by him under Order VII Rule 11 (a) and Section 151 of CPC to reject the plaint.
2. The petitioner filed I.A.No.107 of 2020 in O.S.No.8 of 2017 seeking rejection of the plaint contending that he was the owner and possessor of land to an extent of Ac.0-26 guntas in Survey No.354/B situated at Dharoor Village of Jagtial Mandal and District having purchased the same from defendant No.1, who in turn purchased the same from its original owner Smt.Takur
A cause of action must be established from the plaint alone; external defenses cannot be considered for rejecting the plaint under Order VII Rule 11 of CPC.
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.
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.
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....
Order II Rule 4(c) C.P.C., would permit a single suit in respect of immoveable property only where the relief sought is based on the same causes of action. As several causes of action against several....
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