ORDER:

Heard the learned counsel for the petitioners and the learned Counsel appearing for the respondent.

2. The petitioners herein are the defendants in the suit and the applicants in I.A.No. 178/2023 in I.A.No. 18/2023 in O.S.No. 20/2023 on the file of 1st Additional Junior Civil Judge, Adhoni. The respondent is the plaintiff in the suit and the respondent in the above said I.A.

3. The learned counsel for the petitioners submits that the respondents initiated action in O.S. No. 20/2023 on the file of the 1st Additional Junior Civil Judge, Adhoni against the petitioners for declaration of title and grant of permanent injunction with respect to the suit schedule property. In the plaint copy of the said suit, there is no separate paragraph under the heading of cause of action. Hence, the petitioners filed an I.A.No. 178/2023 in the above said suit under Order 7, rule 11 (A) to reject the plaint as it does not contain the paragraph of cause of action.

4. The court below went into the same and passed the order on merits dated 12.05.2023 at paragraph Nos. 6 and 7 as under:

“06. According to the above provision of law, plaint without cause of action is liable to be rejected. But on perusal of plaint, plaintiff pleaded regarding his title over the plaint schedule property, flow of title to him and that on 2-1-2023 when the plaintiff was supervising agricultural work the defendant and their followers entered into the plant schedule property and made an attempt to dispossess the plaintiff. Plaintiff as duly pleaded the bundle of facts which enabled him to bring the action against the defendants. Merely, non pleading of cause of action paragraph does not mean that there is no cause of action for the plaint and that non pleading of date of death of father of plaintiff is not a ground for rejection of plaint. In view of the above discussion, this court holds that there are no grounds covered under Order 7 Rule 11 CPC to reject the plaint. There are no merits in the petition, hence, this petition is liable to be dismissed.

07. In the result, this petition is dismissed without costs.”

5. The learned counsel for the petitioners emphatically relies upon the Order 7 Rule 11 (A) dealing with the rejection of the plaint which shows that the plaint shall be rejected where it does not disclose cause of action. The court below gone through the plaint averments and found the explanation with regard to the cause of action given by the plaintiff, though not repeated the same under the heading of cause of action.

6. The purport of the above said provision of law is that the plaint should contain the cause of action for initiation of the said suit. But it does not indicate a separate paragraph heading by reproducing the same averment with regard to the cause of action which the body of the plaint contains. The reasoning given by the court below is justified since there is an averment with regard to the cause of action in the body of the plaint though not separately shown under separate heading.

7. The learned counsel for the respondent also supports the order of the court below as it is in conformity with the above said provision of law.

8. In view of the same, no error is found in the order of the court below against which this civil revision arises.

9. Accordingly, the Civil Revision Petition is dismissed. No costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN

17.08.2023

UPS