Deputy Registrar Of Chits Competent To Act As Arbitrator And Issue Recovery Certificates; Not Limited To Registrar Alone: Telangana High Court Custody With Biological Mother Presumed Lawful; Writ Of Habeas Corpus Not A Remedy To Enforce Foreign Court’s Return Orders: Bombay High Court Ocular Testimony Of Victim Prevails Over Medical Evidence In Rape Cases If Found Credible: Allahabad High Court Condonation Of Delay Should Follow Justice-Oriented Liberal Approach, Unintentional Delay Shouldn't Block Justice: Calcutta High Court Digital Banking Fraud: Clicking Suspicious Links Constitutes Customer Negligence; Liability Cannot Be Fastened On Bank Without Forensic Evidence: Delhi High Court Vexatious Matrimonial Complaints Filed As Counterblast To Divorce Is Abuse Of Process; Allegations Against In-Laws Must Be Specific: Gujarat High Court Sale Deed Executed By Son During Father's Lifetime Based On Manipulated Records Is Void Ab Initio: Karnataka High Court Charge Sheet E-Filed After Court Hours Deemed Filed Next Day; Accused Entitled To Default Bail: Kerala High Court Landowners Can't Use Antedated Stamp Papers To Defeat Ceiling Limits; Section 22 Land Reforms Act Prevails Over Registration Act: Madras High Court Rajasthan High Court Orders Tehsildar To Personally Pay ₹2 Lakh Compensation For 53-Day Illegal Detention Despite Suspension Of Sentence Mere Existence Of Dargah Doesn't Grant Jurisdiction To Waqf Board; Statutory Survey Under Sections 4 & 5 Is Mandatory: Madras High Court Delhi High Court Sets Aside Interim Stay On Delhi Race Club Eviction; Says Courts Can't Halt Statutory Proceedings Without Recording Finding On Prima Facie Case

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

07 May 2024 8:19 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 4th July 2023, upholding the impugned order dated 2nd 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            

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/07/Satwant-Vs-Ranjit-04-July-23-PH-HC.pdf"]                                           -

Latest Legal News