Petition under Article 227 challenging rejection of an application to reject a plaint in a declaration and injunction suit. The court held the plaint disclosed a cause of action and only plaint averments can be examined; dismissed the petition.
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A.F.R.
Neutral Citation No. - 2024:AHC-LKO:68373
Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 4747 of 2024
Petitioner :- Santram
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others
Counsel for Petitioner :- Rohit Kumar Singh,Akhilendra Kumar Goswami,Harshit Singh,Shweta Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta,Pradeep Kumar Shukla
Hon'ble Subhash Vidyarthi,J.
purchased the property in dispute through a registered sale deed and the petitioner is creating hindrance in their enjoyment of the property in dispute.
filing the suit.
"O.7. R.11. Rejection of plaint. - The plaint shall be rejected in the following cases:-
(a)where it does not disclose a cause of action;
(b)where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
(c)where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d)where the suit appears from the statement in the plaint to be barred by any law :
(e)[where it is not filed in duplicate;] [Inserted by the Code of Civil Procedure (Amendment) Act, 1999, Section 17 (w.e.f. 1.7.2002).]
(f)[ where the plaintiff fails to comply with the provisions of rule 9:] [Substituted by the Code of Civil Procedure (Amendment) Act, 2002, Section 8, for sub-Clauses (f) and (g)(w.e.f. 1.7.2002)(as inserted by the Code of Civil Procedure (Amendment) Act, 1999, Section17 (w.e.f. 1.7.2002).]
[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature form correcting the valuation or supplying the requisite stamp-paper , as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.] [Added by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]"
where it does not disclose any cause of action. Under Order VII, Rule 11 (d) C.P.C. a plaint can be rejected where the suit appears from the statement in the plaint to be barred by any law. The plaintiffs have stated that they have purchased the suit property through a registered sale deed and that the defendant is creating hindrance in enjoyment of the property. Therefore, the plaint discloses a cause of action and it cannot be rejected under Order VII, Rule 11 C.P.C.
provision of law under which the plaintiff was required to obtain leave of the court before filing a suit for declaration and permanent injunction.
[Subhash Vidyarthi, J.]
Order Date :- 3.10.2024 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the plaint disclosing purchase via registered sale deed and hindrance by defendant discloses a cause of action for rejection under Order VII Rule 11 CPC.
Whether concealment of a previous decree or boundary discrepancy in the plaint justifies rejection under Order VII Rule 11 CPC.
2 provisions across 2 enactments
Santram
State Of U.P. Thru. Prin. Secy. Revenue Lko.
Gaon Sabha
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
