Single judge dismissed a civil revision petition challenging the rejectability of a suit for bare injunction simplicitor. The court held that the issue does not fall under Order VII Rule 11 CPC clauses for threshold rejection.
Plaintiff to raise jurisdictional question to be adjudicated by suit.
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1263 of 2014
Date : 25-4-2014
Between: Kuttuboina Narasimha Rao .. Petitioner And
Kuttuboina Gangamma and others .. Respondents
Counsel for petitioner : Sri M. Mehdi Hussain Counsel for respondents : --
The Court made the following:
ORDER:
This Civil Revision Petition is filed against order dated 27-1-2014 in I.A.No.2248/2012 in O.S.No.6/2012 on the file of the learned Principal Junior Civil Judge, Ongole.
The petitioner herein, who is the defendant in the suit, filed the above mentioned I.A. under Order VII Rule 11 CPC for rejection of the plaint on the ground that the suit for bare injunction is not maintainable when the defendant has disputed the title. The lower Court rejected this plea by holding that the suit for injunction simplicitor is maintainable. In my opinion, this issue does not fall within any of the clauses (a) to (f) of Rule 11 of Order VII CPC, for threshold rejection of the plaint. Therefore the Civil Revision Petition is dismissed, however, giving liberty to the petitioner to raise this issue in the suit itself. In such an event, the findings rendered in the order under revision shall not have any bearing on the adjudication of this issue in the suit.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.1767/2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy
Date : 25-4-2014
AM
1 issue framed by the court
Whether a suit for bare injunction simplicitor is maintainable when the defendant has disputed title
2 provisions across 2 enactments
Kuttuboina Narasimha Rao
Kuttuboina Gangamma
C.V. Nagarnaja Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
