Dismissed

Narayan v. Leela Devi

Rajasthan HC10 Feb 2023CR/167/2022

Case brief

AI extract

What is this about?

This revision petition was dismissed as devoid of merit. The High Court upheld the trial court's view that only the plaint and annexures are relevant for an Order 7 Rule 11 CPC application. Findings from a commissioner report and an Order 39 interim injunction application cannot be considered for deciding the dismissal petition.

What did the court decide?

The revision petition was dismissed; stay petitions and all pending applications were disposed of.

Narayan Vs Leela Devi — Property and Title | Rajasthan HC (2023)

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[2023/RJJD/004938]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Revision Petition No. 167/2022

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Narayan S/o Shri Mansukh, Aged About 62 Years, R/o Village Mandala Kallan Tehsil Dechu, Distt. Jodhpur. (Raj.)

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----Petitioner

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Versus

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Leela Devi W/o Shri Naresh, Aged About 33 Years, R/o Village Mandala Kalan Tehsil Dechu, Distt. Jodhpur (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Jog Singh Bhati For Respondent(s) : Mr. D.L.R. Vyas

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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10/02/2023

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The present petition has been preferred against the order dated 23.05.2022 whereby the application under Order 7 Rule 11, CPC as preferred by the defendant has been rejected.

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The case of the petitioner is that it was clearly established on record by way of the commissioner report that the piece of land qua which the suit was preferred by the plaintiff was of the ownership of the defendant and not the piece of land which the plaintiff was claiming of his ownership and possession. Further, even the application under Order 39 Rules 1 & 2, CPC preferred by the plaintiff has been rejected by the learned trial Court with the same findings.

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Learned counsel for the petitioner submitted that once it was established on record that the piece of land which was a subject matter of dispute in suit was totally different from the land of

[2023/RJJD/004938]

[CR-167/2022]

(2 of 3)

defendant, the present suit could not have been proceeded further as the cause of action as alleged by the plaintiff was clearly not established or proved. Learned counsel submitted that the cause of action as prayed for by the plaintiff was definitely not qua his piece of land.

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The application of the defendant has been rejected by the Court below with the specific finding that the questions/issues as raised by the defendant could be decided only after the issues being framed and the evidence being led by the parties on the same. Any pleadings on the basis of a commissioner report or the findings in an order deciding the application under Order 39 Rules 1 & 2, CPC cannot be considered for decision of an application under Order 7 Rule 11, CPC.

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In the specific opinion of this Court, the said finding of the Court below is totally in consonance with law and the same does not deserve to be interfered with.

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It is the settled proposition of law that for the purposes of Order 7 Rule 11, CPC only the plaint as preferred by the plaintiff and the documents annexed thereof can be taken into consideration. But herein is a case where the defendant has prayed for dismissal of suit on basis of the commissioner report submitted by the commissioner in pursuance to the orders of the Court and further, the findings in an order passed by the Court on an application under Order 39 Rules 1 & 2, CPC. Any finding in order of an application under Order 39 Rules 1 & 2, CPC firstly cannot be deemed to be the final findings and secondly , cannot be considered for the purposes of the application under Order 7 Rule 11, CPC.

[2023/RJJD/004938]

[CR-167/2022]

(3 of 3)

In view of the above observations, the present revision petition being devoid of merits is dismissed.

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Stay petition and all the pending applications also stand disposed of.

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(REKHA BORANA),J

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6-T.Singh/-

Narayan v. Leela Devi

Case brief

What is this about?

What did the court decide?

Narayan v. Leela Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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