Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Vexatious Litigation Suit for declaration of title and permanent injunction Rejection of plaint CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908: Order VII, Rule 11 r/w Order II, Rule 2-Rejection of plaint-Suit for declaration of title and permanent injunction filed in 1996-Basis of the claim being a sale deed of the year 1953 with oral agreement for reconveyance of the property on repayment of loan amount-Receipt of entire loan amount having been paid obtained on 25.3.1987-Earlier suit for permanent injunction filed in 1990 still pending-Held, plaint liable to be rejected on ground covered by clause (d) of r. 11 of Order VII as barred by law of limitation as also barred by provisions of Specific Relief Act and under Order II r. 2-Specific Relief Act. · Vexatious Litigation-Exemplary costs-Imposing of Appellants filed a suit for declaration that they were the absolute owners of the suit lands and claimed permanent injunction restraining defendants from wrongfully entering the suit property. The suit was filed in the year 1996 and the cause of action was said to have arisen when the Assistant Commissioner, by order dated 28.4.1994, confirmed the orders of the authorities below directing mutation of the names of the defendants on suit lands and again in July 1995 when defendants were alleged to have attempted to interfere with the plaintiffs' possession. It was, inter alia, averred in the plaint that the plaintiffs' father executed on 5.5.1953 a registered sale deed in favour of the predecessor-in-title of the defendants, against a loan amount, with a contemporaneous oral agreement that on return of the borrowed sum a registered reconveyance deed would be executed in favour of the borrower; that on re-payment of the entire loan amount a receipt was obtained on 25.3.1987 from defendants who orally promised to execute a reconveyance deed in favour of the plaintiffs; that the plaintiffs had earlier also filed a suit seeking permanent injunction against the defendants and that suit was still pending; that the defendants manipulated the revenue records and got their names mutated over the suit land. The trial court dismissed the suit as barred by limitation. However, the High Court ultimately rejected the plaint under Order VII, Rule 11 on the ground that it disclosed no cause of action. Aggrieved, the plaintiffs filed the present appeal. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2005 INSC 284 |
Petitioner | N.v. Srinivasa Murthy And Ors. |
Respondent | Mariyamma (dead) By Proposed Lrs. And Ors. |
SCR | [2005] Supp. (1) S.C.R. 411 |
Judgement Date | 2005-07-11 |
Case Number | 4500 |
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