Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: Or.VII r.11 – Rejection of plaint – Suit of declaration and permanent injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or.VII r.11 – Rejection of plaint – Suit of declaration and permanent injunction – Defendants seeking rejection of plaint on the ground that the suit is barred by limitation and that the suit for a declaration simplicitor under s.53A of TPA would not be maintainable – Trial court refused to reject plaint under Or.VII r.11 – However, on revision, High Court allowed Or.VII r.11 application – On appeal, held: Rejection of a plaint under Or.VII r.11(d) by reading only few lines and passages and ignoring the other relevant parts of the plaint is impermissible – The Court has to consider and read the averments in the plaint as a whole – On going through the entire plaint averments, it cannot be said at this stage that the suit is barred by limitation on the face of it – When the suit is for a decree of permanent injunction and it is averred that the plaintiffs are in possession of the suit property pursuant to the agreement and thereafter, they have developed the land and that they are in continuous possession since more than twelve years and they are also paying taxes to the Corporation, the cause of action can be said to have arisen on the date on which the possession is sought to be disturbed – If that be so, on facts, suit for decree for permanent injunction cannot be said to be barred by limitation – It is the settled proposition of law that the plaint cannot be rejected partially – Even otherwise, the reliefs sought are interconnected – Whether the plaintiffs shall be entitled to any relief under s.53A of TPA or not has to be considered at the time of trial, but at this stage it cannot be said that the suit for the relief sought under s.53A would not be maintainable at all – Plaint is not liable to be rejected in exercise of powers under Or.VII r.11 CPC – Transfer of Property Act, 1882 – s.53A. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 300 |
Petitioner | Sri Biswanath Banik & Anr. |
Respondent | Smt. Sulanga Bose & Ors. |
SCR | [2022] 3 S.C.R. 302 |
Judgement Date | 2022-03-14 |
Case Number | 1848 |
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