Revision petition against rejection of an Order VII Rule 11 application to reject an injunction suit. The High Court held that the defendant's contentions about the plaintiff's lack of title were matters of defence, not grounds for rejecting the plaint, and dismissed the revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA CIVIL REVISION PETITION NO. 117 OF 2024 (IO)
BETWEEN:
…PETITIONER
(BY SRI. PRASANNA V R., ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS CRP IS FILED UNDER SECTION 115 OF CPC., AGAINST THE ORDER DATED 16.01.2024 PASSED ON IA NO.IV IN OS NO.788/2016 ON THE FILE OF I ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., REJECTING THE APPLICATION FILED UNDER ORDER 7 RULE 11(a) AND (d) READ WITH SECTION 151 OF CPC., FOR REJECTION OF SUIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
the Trial Court by which the Trial Court has refused to reject the plaint.
defence of the defendant and the defence of the defendant
cannot be a ground to reject the plaint. The Trial Court has, therefore, rightly rejected the application filed under Order VII Rule 11 of CPC. I do not find any reason to entertain this Revision and, therefore, Revision is dismissed.
Sd/JUDGE
HNM
List No.: 1 Sl No.: 31
1 issue framed by the court
Can a plaint seeking injunction be rejected under Order VII Rule 11 on the ground that the plaintiff lacks title due to prior conveyances and a gift deed?
3 provisions across 1 enactments
Smt. Mamatha D/o Medappa
M.S. Muniraju S/o Late Chikka Muniswamy
N S SANJAY GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
