Plaintiff appealed rejection of his plaint under Order 7 Rule 11 CPC for non-disclosure of cause of action in a specific performance suit. The High Court held the plaint could not have been rejected while the impounding reference was pending; appeal allowed and matter remanded.
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[2025:RJ-JP:5012]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 1072/2024
Shri Parasmal S/o Shri Bhanwar Lal Jain, Aged About 65 Years, R/o - Shahpura Mohalla, Sankhla Gali Ke Bahar, Beawar (Raj.)
----Appellant
Versus
(2 of 4) [CFA-1072/2024]
[2025:RJ-JP:5012]
----Respondents
| For Appellant(s) | : Ms. Aruna Jain |
|---|---|
| For Respondent(s) | : Mr. Jai Prakash Gupta |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
05/02/2025
[2025:RJ-JP:5012]
[CFA-1072/2024]
(3 of 4)
the trial Court vide order dated 06.09.2024 rejected the plaint filed by the plaintiff under Order 7 Rule 11 CPC on account of nondisclosure of cause of action.
[2025:RJ-JP:5012]
[CFA-1072/2024]
(4 of 4)
account of non-disclosure of cause of action under Order 7 Rule 11 CPC. In my considered opinion, the present suit could not be dismissed by invoking the provisions under Order 7 Rule 11 CPC. If the plaintiff failed to get impounded the said document then trial Court had only option to decide the suit filed by the plaintiff on merits without taking into consideration the so-called agreement but in the present case, so-called agreement was impounded by the Collector (Stamps) vide order dated 19.11.2024. Learned trial Court had to wait for the order to be passed by the Collector (Stamps) for impounding the document. So, the order dated 06.09.2024 passed by the trial Court deserves to be set aside.
(NARENDRA SINGH DHADDHA),J
Ritu/48
1 issue framed by the court
Whether a plaint in a suit for specific performance could be rejected under Order 7 Rule 11 CPC for non-disclosure of cause of action while an impounding reference before the Collector (Stamps) was pe
1 provisions across 1 enactments
Shri Parasmal S/o Shri Bhanwar Lal Jain
Shri Raghunandan S/o Late Shri Manakchand Bhansali
Shri Ratanlal S/o Late Shri Manakchand Bhansali
Shri Mahaveer S/o Late Shri Manakchand Bhansali
Shri Pushpchand S/o Late Shri Manakchand Bhansali
Smt Prem Devi W/o Shri Tilok Chand Golecha
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
