Civil Appeal No. 7413 of 2023 · Supreme Court of India

Issue for consideration: Correct application of the principle underlying the rejection of plaints u/Or.VII, r.11, Code of Civil Procedure, 1908, to the facts of the case and the legality of rejection of a plaint in part. Code of Civil Procedure, 1908 – Or.VII, r.11 – Rejection of Plaints – Principle underlying – Application of – Plaintiff s and the Defendants no.1-3 were members of a joint family owning properties mentioned in Schedule A and B of the plaint – Plaintiff s fi led plaint for partition and separate possession – Defendants’ application for rejection of the plaint u/Or.VII, r.11, CPC was dismissed by Trial Court – High Court allowed the application in part, and rejected the Plaint with respect to Schedule-A property observing that the property described therein was sold way back in 1919 via a registered Sale Deed and the Plaintiff s did not deny the sale – Legality: Held: The true test is fi rst to read the plaint meaningfully and as a whole, taking it to be true – Upon such reading, if the plaint discloses a cause of action, then the application u/Or.VII,r.11 must fail – The plaint shall be rejected where it does not disclose a cause of action – In the present case, High Court committed error by examining the merits of the matter – It pre-judged the truth, legality and validity of the sale deed under which the Defendants No. 4 to 14 claim title – High Court could not have anticipated the truth of the averments by assuming that the alleged previous sale of the property is complete or that it has been acted upon – Approach adopted by the High Court is incorrect and contrary 153 to the well-entrenched principles of considering an application u/Or.VII Rule 11 – High Court erred in rejecting the plaint in part with respect to Schedule-A property and permitting the Plaintiff s to prosecute the case only with respect to Schedule-B property – This approach is impermissible – Impugned the judgment passed in revision petition set aside – Application u/Or.VII, r.11 dismissed, the suit even with respect to properties mentioned under Schedule A of the Plaint restored. [Paras 7, 10-13] LISTS OF CITATIONS AND OTHER REFERENCES