Civil revision petition dismissed. Court held no interference warranted regarding dismissal of rejection plea under Order 7 Rule 11 CPC. Suits barred by registration law not supported unregistered power of attorney. Direct suit disposal within 12 months.
Civil revision petition dismissed; suit disposed as expeditiously possible within 12 months.
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.
C.R.P(MD)No.539 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P(MD)No.539 of 2023 and C.M.P(MD)No.2580 of 2023
1.Santhi
Vs.
2.A.Solaimalai
C.R.P(MD)No.539 of 2023
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the impugned fair and decreetal order, dated 11.08.2022 made in I.A.No.758 of 2018 in O.S.No.75 of 2018 on the file of the learned Principal Sub Judge, Palani, and set aside the same.
For Petitioners : No Appearance
ORDER
There is no representation on behalf of the petitioners.
before the Principal Sub Court, Palani. The suit has been instituted for the following relief:
"a) a relief of specific performance of agreement of sale and to direct the defendants 1 to 4 to receive the balance sale consideration which will be deposited by the plaintiff into Court and to execute a sale deed in favour of the plaintiff in respect of the suit property free of encumbrances and on his failure this Honourable Court to execute the sale deed in favour of the plaintiff in respect of the suit property on behalf of the defendants 1 to 4 and to deliver possession of the suit property to the plaintiff without any hindrance.
b) directing the defendans 1 to 4 to pay the cost of this suit of the plaintiff and
c) Passing such other and further reliefs as this Honourable Court may deem fit and necessary under the circumstances of the case and thus render justice."
C.R.P(MD)No.539 of 2023
Order 7 Rule 11 of C.P.C., to reject the plaint. By the impugned order, the Principal Sub Court, Palani dismissed the application with the following observations:
"5.Point:
The petition has been filed by the petitioner under Or.7, RII of CPC on the ground of the plaint discloses no cause of action and on the ground of the suit is barred by law. As far as the cause of action is concerned the entire plaint has to be read in whole. According to which the suit has been filed by the plaintiff, for the relief of specific performance on the basis of power of attorney mentioned to have been executed by the deceased one Panchatcharam. On the basis of Power of attorney the power agent has executed the sale agreement. On the basis of which the plaintiff has filed the suit for specific performance. Hence in the above circumstances that the petitioner seeking rejection of plaint for the reason that the plaint do not disclose the cause of action in the considered view of the Court does not arise.
6. The contention of the petitioner is that the petition is barred by law. As far as the petition is barred by law the contention of the petitioner that section 17 of the Registration Act provides for compulsory registration of certain documents including the power of attorney deed. In the suit, power of attorney deed has not been registered. On the basis of which the suit sale agreement was executed and now the suit is instituted by the plaintiff. But Registration Act do not specifically bar any transaction which has taken place on the basis of an unregistered documents. Section 49 of the Registration Act provides for the steps to be taken in case of transaction taken place by way of unregistered document which is to be registered under section 17 of the Registration Act. In the circumstances,
C.R.P(MD)No.539 of 2023
this Court considers that the petition is not barred Or.7 R 11 of CPC as prayed for by the petitioner in the petition.
In the result, the petition is dismissed. No cost."
and law. The Court will have to come to a conclusion as to whether the suit is time bared after the written statement is filed and trial is over. Therefore, in my view, no interference is warranted against the impugned order passed by the learned Principal Sub Court, Palani.
26.04.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
C.R.P(MD)No.539 of 2023
sn
To
C.R.P(MD)No.539 of 2023
C.SARAVANAN,J.
SN
C.R.P(MD)No.539 of 2023
26.04.2023
3 issues framed by the court
Whether the High Court should interfere with the trial court's dismissal of an application to reject the plaint under Order 7 Rule 11 CPC.
Whether the suit for specific performance is barred by law under Section 17 of the Registration Act due to unregistered power of attorney.
How to expedite pending suits filed in the year 2018.
4 provisions across 3 enactments
Santhi
Poorani
Kathirvel
M. Balamurali
A. Solaimalai
The District Registrar, Dindigul
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C. Saravanan
Parties & counsel
