Mahabal Das Baghel v. Basant Kumar Bhrigu
Case brief
What is this about?
Order 7 Rule 11(d) CPC; rejection of plaint; cause of action; plaint averments alone to be seen; written statement not to be considered; presumption of plaint averments; Order 10 examination; confiscation of land; Board of Revenue order dated 13.11.2020; Writ Appeal No.178/2021 (Mahabal Das vs. Anup Kumar Agrawal and Others); mixed question of law and fact; binding effect of findings on a person not a party; registered sale deed dated 08.09.2003; declaration of title and permanent injunction; High Court of Chhattisgarh at Bilaspur; CR No. 71 of 2025; Deepak Kumar Tiwari, J.; decided 21/03/2025; NAFR.
What did the court decide?
In deciding an application under Order 7 Rule 11 CPC, the Court must examine only the averments in the plaint, the accompanying documents relied upon in the plaint and the facts elicited from the plaintiff under Order 10; the facts stated in the plaint are presumed correct and the defence in the defendant's written statement or application cannot be looked into.