Case Note & Summary
The judgment arises from a Civil Revision Application filed by the applicants (defendants in the original suit) against the order of the Civil Judge, Senior Division, Pernem, Goa, dated 30/04/2019, which rejected their application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) for rejection of the plaint. The original suit was filed by the respondents (plaintiffs) seeking partition and separate possession of suit properties, claiming them to be joint family properties. The applicants contended that the plaint disclosed no cause of action and was barred by limitation. The trial court held that the plaint did disclose a cause of action and was not barred by limitation. The High Court, in its revisional jurisdiction, examined the plaint averments and found that the plaintiffs had clearly pleaded that the properties were ancestral and joint family properties, and that they were in joint possession. The court noted that the right to partition is a continuing right and the suit is not barred by limitation as long as the property remains joint. The court also observed that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint. The High Court upheld the trial court's order and dismissed the civil revision application, finding no illegality or material irregularity in the impugned order.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Cause of Action - The court considered whether the plaint disclosed a cause of action and held that the plaint did disclose a cause of action as the plaintiffs claimed joint family property and sought partition, which is a continuing right. The court found that the trial court correctly refused to reject the plaint. (Paras 1-23) B) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Limitation - The court examined whether the suit was barred by limitation and held that in a partition suit, the right to partition is a continuing right and the suit is not barred by limitation as long as the property remains joint. The court upheld the trial court's decision. (Paras 1-23)
Issue of Consideration
Whether the trial court erred in rejecting the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint on the grounds of no cause of action and being barred by limitation.
Final Decision
The High Court dismissed the Civil Revision Application, upholding the trial court's order rejecting the application under Order VII Rule 11 CPC.
Law Points
- Order VII Rule 11 CPC
- Cause of action
- Limitation
- Partition suit
- Rejection of plaint
- Joint family property
