Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 – Or. VII r. XI (a) and (d) – Rejection of plaint |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908 – Or. VII r. XI (a) and (d) – Rejection of plaint – The respondents-plaintiffs had filed a suit in the year 2014 before the Trial Court seeking declaration of title, permanent injunction and cancellation of various documents – Appellants-defendants submitted that the suit of plaintiffs was based on premise that there was an error in partition deed dated 11.03.1953 and subsequent transactions – The appellant-defendants, filed an application under O. VII r. XI to reject the plaint – Trial Court dismissed the said application – Appellant filed revision application before the High Court, which was also dismissed – On appeal, held: By clever drafting and not asking any relief with respect to partition deed, the plaintiffs have tried to circumvent the provision of limitation act and have tried to maintain the suit which is nothing but abuse of process of court and the law – If partition deed was to be challenged which as such, the plaintiffs are attempting to do virtually, the suit would be barred by limitation having being instituted after lapse of 61 years from the partition deed – Plaint ought to have been rejected being vexatious, illusory cause of action and barred by limitation – Judgment of High Court and Trial Court set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 458 |
Petitioner | Ramisetty Venkatanna & Anr. |
Respondent | Nasyam Jamal Saheb & Ors. |
SCR | [2023] 5 S.C.R. 589 |
Judgement Date | 2023-04-28 |
Case Number | 2717 |
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