Case Note & Summary
The High Court of Judicature at Bombay, Nagpur Bench dismissed Civil Revision Application No.117 of 2025 filed by Ramesh Bhagirath Rander (applicant/defendant no.8) challenging the trial Court's order rejecting his application for rejection of plaint under Order VII Rule 11(d) read with Section 151 of the Code of Civil Procedure, 1908 (CPC). The applicant sought rejection of the plaint in Special Civil Suit No.459 of 2023 filed by Anil Hariprasad Jejani (non-applicant no.1/plaintiff) on grounds that the suit was barred by limitation and lacked cause of action. The suit sought declaration that a sale-deed dated 24.10.2020 was not binding due to fraud and specific performance of agreements dated 06.10.1995 and 21.11.1995. The Court held that for considering rejection under Order VII Rule 11(d) CPC, only the plaint averments should be examined without considering evidence. The Court found the plaintiff's case was based on fraud in the execution of the sale-deed dated 24.10.2020, making the limitation period three years from the date of knowledge under Article 59 of the Limitation Act, 1963. Since the suit was filed in 2023, it was within limitation. The Court also held that parallel objection proceedings under Order XXI Rules 97 and 98 CPC in execution case did not make the plaint an abuse of process. The Civil Revision Application was dismissed, and the trial Court's order was upheld.
Headnote
Civil Revision Application under Section 115 of Code of Civil Procedure, 1908 (CPC) challenging order dated 20.12.2024 passed by trial Court rejecting application for rejection of plaint under Order VII Rule 11(d) read with Section 151 of Code of Civil Procedure, 1908 (CPC) -- Applicant (original defendant no.8) sought rejection of plaint in Special Civil Suit No.459 of 2023 filed by non-applicant no.1 (original plaintiff) -- Suit sought declaration that sale-deed dated 24.10.2020 was not binding on plaintiff due to fraud and specific performance of agreements dated 06.10.1995 and 21.11.1995 -- Applicant contended plaint was barred by limitation and lacked cause of action -- High Court held that for rejection under Order VII Rule 11(d) CPC, only plaint averments should be considered without evidence -- Court found plaintiff's case based on fraud in execution of sale-deed dated 24.10.2020, making limitation period three years from date of knowledge -- Since suit filed in 2023, it was within limitation -- Parallel objection proceedings under Order XXI Rules 97 and 98 CPC in execution case did not make plaint abuse of process -- Civil Revision Application dismissed
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Issue of Consideration: The Issue of Consideration was whether the plaint in Special Civil Suit No.459 of 2023 should be rejected under Order VII Rule 11(d) read with Section 151 of the Code of Civil Procedure, 1908 (CPC) on grounds of being barred by limitation and lacking cause of action
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Final Decision
Civil Revision Application dismissed -- Trial Court's order dated 20.12.2024 rejecting application for rejection of plaint under Order VII Rule 11(d) read with Section 151 of Code of Civil Procedure, 1908 (CPC) upheld -- Suit to proceed before trial Court
