In a cautionary order, the Court dismissed a petition challenging the non-dismissal of an application under Order VII Rule 11 CPC, holding the challenge to be frivolous and misconceived.
Petition dismissed with costs of Rs.10,000/- to be deposited with Delhi High Court Legal Services Committee.
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PRATIMA DEVI ..... Petitioner Through: Ms. Phool Kumari, Advocate with petitioner in person.
versus
RAM AVTAR SHARMA ..... Respondent Through:
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 05.01.2018
Petitioner is the defendant in the civil suit (Suit No.9146/2016) instituted by the respondent (plaintiff). She is aggrieved with the order dated 06.09.2017 of the learned trial Judge, whereby her application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) was dismissed. She reiterates through the petition at hand that the plaint does not disclose any cause of action.
Having heard her and having gone through the copy of the plaint of the suit in question, this Court finds the petition to be wholly frivolous and misconceived. The suit for damages filed by the opposite party against the petitioner does set out the requisite background facts giving rise to the cause of action. It may be mentioned here that both the parties claim to be the owners and in possession of properties built on adjoining plots of land.
C.R.P. 2/2018 Page 1 of 2
It is the case of the plaintiff in the suit that the petitioner (defendant) had carried out certain illegal construction in her property including by creating a basement which led to damage being caused to his property. It is compensation for the said damage to the property which is the core claim in the suit. It cannot be said by any stretch of reasoning that the plaint does not disclose any cause of action.
The petition along with accompanying applications is dismissed with costs of Rs.10,000/- (Ten Thousand Only) to be deposited with Delhi High Court Legal Services Committee within a week.
R.K.GAUBA, J.
JANUARY 05, 2018 vk
C.R.P. 2/2018 Page 2 of 2
2 issues framed by the court
Whether the plaint in a suit for property damages discloses a cause of action.
Whether an application challenging the prior dismissal of a plea under Order VII Rule 11 CPC should be permitted.
1 provisions across 1 enactments
Pratima Devi
Ram Avtar Sharma
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
