Rupesh S/O Harichand Kambale and Other v. Rajesh S/O Vijaysingh Thakur
Case brief
What is this about?
Bombay High Court Nagpur Bench, CRA 82 of 2025, decided 26.09.2025 by Rohit W. Joshi, J. Revision against rejection of plaint-rejection application under Order VII Rule 11 CPC in R.C.S. No. 448 of 2023 (suit for perpetual injunction over suit property). Held: averments in plaint assumed true at demurrer stage; plaintiff's pleaded possession since 2008 cannot be tested for correctness while considering rejection of plaint; no jurisdictional error; revision application rejected. Keywords: Order VII Rule 11, rejection of plaint, perpetual injunction, settled possession, cause of action, civil revision application.
What did the court decide?
The correctness or otherwise of the plaintiff's pleadings cannot be examined while dealing with an application for rejection of plaint; the plaintiff claims cultivation/possession of the suit property since 2008.