Sri B C Shivegowda v. Smt Lakshmamma
Civil Procedure – Rejection of plaint under Order VII Rule 11(a) and 11(d) CPC
Case brief
What is this about?
RFA No. 2428 of 2025, High Court of Karnataka (R. Nataraj, J., 09.04.2026): Regular First Appeal against rejection of plaint under Order VII Rule 11(a) and 11(d) CPC in partition suit O.S. No.7/2018 (Channarayapatna) dismissed as not maintainable; rejection of plaint is a decree under Section 2(2) CPC; with suit property valued above Rs. 30,00,000/- and each share at Rs. 7,50,000/-, the Section 96 CPC appeal lay before the District Court under Section 19(1) of the Karnataka Civil Courts Act, 1964; liberty granted to approach the District Court; limitation protection for time spent in the High Court. Keywords: maintainability, pecuniary jurisdiction, appeal venue, rejection of plaint, Order VII Rule 11, Section 96 CPC, Karnataka Civil Courts Act Section 19, partition suit, LRs of B.C. Shivegowda v. Lakshmamma and others.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to the appellants to file an appeal before the District Court in accordance with law; certified copy of the impugned order to be returned to the appellants' counsel; time consumed in this appeal to be deducted while computing limitation for the appeal before the District Court.