Case Note & Summary
The appeal arises from a suit filed by the respondent (plaintiff) before the Delhi High Court seeking declaration and cancellation of a gift deed dated 27.04.2010 and a sale deed dated 10.01.2011, along with mandatory and permanent injunctions. The suit was originally filed as CS(OS) No.809/2011. The plaintiff was permitted to abandon prayers (c) and (d) vide order dated 20.05.2015. The suit was later transferred to the District Court and renumbered as CS(OS) No.612960/2016. The appellants (defendant nos. 5 to 9) filed an application under Order VII Rule 11 CPC for rejection of the plaint. The trial court allowed the application vide order dated 01.07.2017, rejecting the plaint. The plaintiff filed a review petition which was dismissed on 02.03.2019. The plaintiff then filed a petition under Article 227 of the Constitution read with Section 115 CPC before the High Court, which set aside the trial court's orders and restored the suit. The Supreme Court considered whether the plaint disclosed a cause of action and whether it was barred by Order II Rule 2 CPC. The Court held that the plaint averments disclosed a cause of action and that the bar under Order II Rule 2 CPC did not apply as the cause of action in the earlier suit was different. The Court also held that the trial court had partially rejected the plaint, which is impermissible. The Supreme Court dismissed the appeal, upholding the High Court's order.
Headnote
A) Civil Procedure - Order VII Rule 11 CPC - Rejection of Plaint - Cause of Action - The plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the defence may be strong. The court must look at the plaint averments alone and not the defence. (Paras 1-30) B) Civil Procedure - Order VII Rule 11 CPC - Partial Rejection of Plaint - The rejection of plaint must be of the entire plaint and not a part thereof, unless the part is severable. (Paras 1-30) C) Civil Procedure - Order II Rule 2 CPC - Bar on Subsequent Suit - The bar under Order II Rule 2 CPC applies only if the cause of action is the same and the plaintiff omitted to sue for a part of the claim. (Paras 1-30)
Issue of Consideration
Whether the plaint is liable to be rejected under Order VII Rule 11 CPC for lack of cause of action or being barred by law, and whether the High Court erred in setting aside the trial court's orders rejecting the plaint.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's order setting aside the trial court's orders and restoring the suit.
Law Points
- Order VII Rule 11 CPC
- cause of action
- plaint rejection
- partial rejection of plaint
- Order II Rule 2 CPC
