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Supreme Court Rules : [Order VII Rule 11 CPC] Court Cannot Reject The Plaint By Reading Few Lines

Supreme Court Rules : [Order VII Rule 11 CPC] Court Cannot Reject The Plaint By Reading Few Lines

Supreme Court Rules : [Order VII Rule 11 CPC] Court Cannot Reject The Plaint By Reading Few Lines

 

Vey recent, the Hon’ble Supreme Court ruled that while considering an application for rejection of a plaint under Order VII Rule 11 of CPC, the court has to go through all averments made and not make a decision based on just some lines/passages.

 

 

 

 

 

 

The Bench of Justices M.R. Shah and B.V. Nagarathna set aside the Calcutta High Court judgment that rejected the plaint ground that the suit for declaratory relief U/S. 53A of Transfer of Property Act is not maintainable.

In the instant case, the High Court had rejected the said plaint mainly on the ground that it was barred by limitation and because a suit for declaration simpliciter U/S. 53A of the Act will not be maintainable.

 

 

 

 

 

 

 

 

In appeal, the Supreme Court noted that when ruling that the case was barred by limitation, the High Court had only considered the averments made in just one paragraph and had not considered all averments made in the plaint. The Supreme Court referred to Ram Prakash Gupta judgment and observed that rejection of the plaint under Order VII Rule 11(d) by reading only some averments/paragraphs and by not reading all relevant parts is impermissible.

 

 

 

 

 

 

On the issue of the petition being rejected U/S. 53A of the Act, the court noted that the petitioner had also sought a permanent injunction and have claimed possession of the land, then the court could not say that the suit is barred by limitation and proceeded to set aside the High Court order.

Title: Biswanath Banik vs Sulanga Bose

Case No: CA 1848/2022

 

Read/Download Judgement

 

 

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