Disposed¶¶16

Rajeev Nag v. Himachal Pradesh Wakf Board

Order 7 Rule 11 CPC – Scope of examination confined to plaint and documents filed therewith

Himachal Pradesh HC3 Dec 2025CR/38/2025

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What is this about?

Civil Revision No. 38 of 2025, High Court of Himachal Pradesh (Bipin Chander Negi, J., oral), decided 03.12.2025. Keywords: Order 7 Rule 11 of CPC; rejection of plaint; cause of action; encroachment by construction; Wakf Tribunal Dharamshala; CMA No. 1 of 2024; Himachal Pradesh Wakf Board; revenue record; suit land ownership and possession; maintainability of suit; impugned order dated 04.12.2024 upheld; petition disposed of.

What did the court decide?

No relief granted; the civil revision petition was disposed of without interference with the impugned order dated 04.12.2024 rejecting the Order 7 Rule 11 CPC application, and pending applications, if any, were likewise disposed of. ¶¶16

Rajeev Nag Vs Himachal Pradesh Wakf Board — Himachal Pradesh HC (2025) — LawSathi Research

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2025:HHC:41612

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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Civil Revision No. 38 of 2025 Decided on: 03.12.2025

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____________________________________________________ Rajeev Nag ……….. Appellant Versus Himachal Pradesh Wakf Board, Shimla ……….respondent ____________________________________________________ Coram:

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……….. Appellant Versus
Himachal Pradesh Wakf Board, Shimla ……….respondent
____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?¹ For the petitioner : Mr. Surinder Saklani, Advocate.
For the respondent : Mr. R.K. Bawa, Sr. Advocate, with Mr. Abhinav Thakur, Advocate.

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Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?¹

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____________________________________________________ Bipin Chander Negi, Judge ( oral)

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The present petition has been preferred against the impugned order dated 04.12.2024, passed by the learned Chairman, Himachal Pradesh Waqf Tribunal, Dharamshala in CMA No. 1 of 2024, whereby an application filed under Order 7 Rule 11 of CPC by the present petitioner/defendant before the trial Court has been rejected.

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Heard learned counsel for the parties. Perused the impugned order and documents appended along with the present petition.

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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At the very outset, it would be appropriate to mention that while considering an application under Order 7 Rule 11 of CPC, all that has to be considered is the plaint and the documents filed along with the same by the plaintiff before the trial Court.

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The sole contention urged in the case at hand is that the plaint in the case at hand discloses no cause of action. I have perused the plaint. The suit land is shown to be in the ownership and possession of the respondent/plaintiff. Revenue record qua the same has been appended with the plaint. The allegation is qua encroachment by way of construction on the suit land. Hence, in view of the aforesaid, it is evident that plaint discloses enforceable cause of action for maintaining the suit.

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No other contention raised.

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In view of the aforesaid, I see no reason to interfere

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with the impugned order dated 04.12.2024. Petition stands disposed of, so also the pending applications, if any.

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(Bipin Chander Negi) Judge

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December 3^rd , 2025 Susheel

Rajeev Nag v. Himachal Pradesh Wakf Board

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Rajeev Nag v. Himachal Pradesh Wakf Board

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