Punjab and Haryana High Court Dismisses Revision Petition Challenging Rejection of Plaint in Suit for Permanent Injunction

07 May 2024 2:49 AM

By: Admin

In a recent judgment, the Punjab and Haryana High Court dismissed a revision petition challenging the rejection of a plaint in a suit for permanent injunction. Justice Alka Sarin, presiding over the bench, delivered the verdict on 4^th July 2023, upholding the impugned order dated 2^nd February 2023.

The revision petition (CR No. 3352 of 2023) was filed by the defendant-petitioners, seeking the rejection of the plaint filed by the plaintiff-respondents. The plaintiffs had sought a permanent injunction to restrain the defendants from interfering with their peaceful possession of a land measuring 06 acres 07 kanals 03 marlas in Pathankot GT Road, Village Noorpur, Tehsil and District Jalandhar.

The defendant-petitioners contended that the suit was not maintainable as the plaintiffs were not in possession of the said property. Additionally, they argued that the suit relied on an unregistered agreement to sell and that an alternative remedy of filing a suit for specific performance was available to the plaintiffs.

Justice Alka Sarin, in her judgment, stated, “While deciding an application under Order VII Rule 11 CPC, only the averments of the plaint are to be seen.” She highlighted that the plaintiffs had specifically averred their possession and the need for an injunction against dispossession. The judge further noted that the question of possession raised by the defendant-petitioners could not be considered at this stage. She also emphasized that the availability of an alternative remedy and the reliance on an unregistered agreement were matters of evidence, not grounds for rejecting the plaint under Order VII Rule 11 CPC.

Quoting from the judgment, Justice Alka Sarin concluded, “Learned counsel for the petitioners has been unable to convince this Court that there is any ground made out under Order VII Rule 11 CPC for rejection of the plaint.” Accordingly, the revision petition was deemed devoid of merit and dismissed.

This decision by the Punjab and Haryana High Court clarifies the importance of considering only the averments in the plaint while deciding an application under Order VII Rule 11 CPC. The judgment reinforces that grounds for rejection should be established based on the content of the plaint, rather than issues that require evidentiary examination.

The case did not refer to any specific previous judgments or cases in reaching its conclusion.

Date of Decision: 4th July 2023

Satwant Singh (deceased) vs Ranjit Singh and Others