Case Note & Summary
The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior Division, Daman, against respondents 1 to 6 (original defendants) seeking declaration of title and possession of suit property comprising Survey Nos. 189, 210/1, 215, and 216 at Village Kachigam, Daman. The plaintiffs claimed that their grandparents, Gopal Chaggan and Kashiben Gopal, were occupants of the suit property as on 20.12.1961 and that the plaintiffs had their residential house therein. They alleged that in 1974, Mohanbhai Desai, predecessor of defendant nos.1 to 4, forcibly took possession of the suit property, but the plaintiffs continued to be in possession through their house. The plaintiffs also claimed that defendant no.5 (Devchand Kalyan) and defendant no.6 (Khemani Distillery Pvt. Ltd.) were subsequent purchasers from defendant nos.1 to 4. The defendant no.5 filed an application under Order VII Rule 11(d) CPC seeking rejection of the plaint on the grounds that the suit was barred by limitation under Articles 64 and 65 of the Limitation Act, 1963, and by Section 34 of the Specific Relief Act, 1963. The trial court allowed the application and rejected the plaint. The appellant challenged this order in the High Court. The High Court held that the trial court erred in relying on documents filed by the defendant and in considering the defence at the stage of Order VII Rule 11(d). The court examined the plaint averments and found that the plaintiffs claimed possession through their house and that the suit for possession based on title was governed by Article 65 of the Limitation Act, with limitation starting from when the defendant's possession became adverse. The plaint disclosed a cause of action and was not barred by limitation or the Specific Relief Act. The High Court set aside the trial court's order and directed that the suit be restored and decided on merits.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(d) CPC - Plaint can be rejected only on the basis of averments in the plaint, not on the basis of defence or documents filed by defendant - The court must examine whether the plaint discloses a cause of action or is barred by any law - Held that the trial court erred in relying on documents filed by the defendant and in holding that the suit was barred by limitation and the Specific Relief Act (Paras 2, 10-12). B) Limitation - Suit for Possession - Articles 64 and 65 of Limitation Act, 1963 - Suit for possession based on title is governed by Article 65, limitation period of 12 years from date of defendant's possession becoming adverse - Plaint averments that plaintiffs were in possession till 1974 and defendants forcibly dispossessed them, and that plaintiffs continued in possession through their house, disclose a cause of action within limitation - Held that the trial court's finding of limitation was premature and based on extraneous material (Paras 7-9, 13-14). C) Specific Relief Act, 1963 - Section 34 - Suit for Declaration and Possession - Where plaintiff is in possession, no need to seek declaration; alternatively, if dispossessed, suit for possession is maintainable - Plaint seeking declaration of title and possession is not barred by Section 34 - Held that the trial court erred in rejecting the plaint on this ground (Paras 15-16).
Issue of Consideration
Whether the plaint was liable to be rejected under Order VII Rule 11(d) of CPC on the ground that the suit was barred by limitation and by the provisions of the Specific Relief Act, 1963.
Final Decision
The High Court allowed the appeal, set aside the order dated 25/08/2021 passed by the learned Civil Judge, Senior Division, Daman, and directed that the suit be restored to its original number and decided on its own merits in accordance with law. The interim application was disposed of.
Law Points
- Order VII Rule 11(d) CPC
- Plaint rejection
- Cause of action
- Limitation Act
- Specific Relief Act
- 1963
- Suit for possession
- Declaration of title
- Adverse possession
