Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
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 | Issue for consideration:Correct application of the principle underlying the rejection of plaintsu/Or.VII, r.11, Code of Civil Procedure, 1908, to the facts of thecase and the legality of rejection of a plaint in part.Code of Civil Procedure, 1908 – Or.VII, r.11 – Rejection ofPlaints – Principle underlying – Application of – Plaintiffs andthe Defendants no.1-3 were members of a joint family owningproperties mentioned in Schedule A and B of the plaint –Plaintiffs filed plaint for partition and separate possession– Defendants’ application for rejection of the plaint u/Or.VII,r.11, CPC was dismissed by Trial Court – High Court allowedthe application in part, and rejected the Plaint with respect toSchedule-A property observing that the property describedtherein was sold way back in 1919 via a registered Sale Deedand the Plaintiffs did not deny the sale – Legality:Held: The true test is first to read the plaint meaningfully and as awhole, taking it to be true – Upon such reading, if the plaint disclosesa cause of action, then the application u/Or.VII,r.11 must fail – Theplaint shall be rejected where it does not disclose a cause of action– In the present case, High Court committed error by examining themerits of the matter – It pre-judged the truth, legality and validity ofthe sale deed under which the Defendants No. 4 to 14 claim title –High Court could not have anticipated the truth of the averments byassuming that the alleged previous sale of the property is complete orthat it has been acted upon – Approach adopted by the High Court isincorrect and contrary to the well-entrenched principles of consideringan application u/Or.VII Rule 11 – High Court erred in rejecting theplaint in part with respect to Schedule-A property and permitting thePlaintiffs to prosecute the case only with respect to Schedule-B property– This approach is impermissible – Impugned the judgment passedin revision petition set aside – Application u/Or.VII, r.11 dismissed,the suit even with respect to properties mentioned under ScheduleA of the Plaint restored. [Paras 7, 10-13] |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2023 INSC 964 |
Petitioner | Kum. Geetha, D/o Late Krishna & Ors. |
Respondent | Nanjundaswamy & Ors. |
SCR | [2023] 14 S.C.R. 153 |
Judgement Date | 2023-10-31 |
Case Number | 7413 |
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