Case Note & Summary
The case involves three civil revision applications filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging a common order dated 14th October 2015 passed by the learned Civil Judge, Senior Division, Mapusa in Special Civil Suit No. 11 of 2015/B. The plaintiff, M/s. Sterling Holiday Resorts (India) Ltd., filed a suit for recovery of money and other reliefs against several defendants, including Diana Buildwell Private Limited (defendant No. 1), Starwood Hotels & Resorts India Pvt. Ltd. (defendant No. 3), and The Saraswat Co-operative Bank Ltd. (defendant No. 5). The plaintiff alleged that it sold a property to defendant No. 1 under a registered sale deed dated 11th May 2007 for a total consideration of Rs. 55,11,00,000/-, of which Rs. 49,11,00,000/- was paid at the time of execution, leaving a balance of Rs. 6,00,00,000/- to be paid upon the plaintiff obtaining certain approvals. The defendants filed separate applications under Order VII Rule 11(a) and (d) CPC seeking rejection of the plaint on the grounds that it did not disclose a cause of action and was barred by law. The trial court dismissed all three applications. The defendants then filed the present revision applications. The High Court, after considering the submissions, held that the plaint disclosed a cause of action and was not barred by law. The court found no error in the trial court's order and dismissed the revision applications. The judgment was pronounced via video conferencing on 2nd June 2020.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(a) and (d) CPC - Cause of Action - The court considered whether the plaint disclosed a cause of action and was barred by law. The trial court dismissed applications for rejection of plaint filed by defendants. The High Court held that the plaint disclosed a cause of action and was not barred by law, and dismissed the revision applications. (Paras 1-2)
B) Civil Procedure - Civil Revision - Section 115 CPC - Scope - The court examined the scope of revision under Section 115 CPC against an order rejecting an application for rejection of plaint. The High Court upheld the trial court's order, finding no jurisdictional error or material irregularity. (Paras 1-2)
Issue of Consideration
Whether the plaint in Special Civil Suit No. 11 of 2015/B was liable to be rejected under Order VII Rule 11(a) and (d) CPC on the grounds that it did not disclose a cause of action and was barred by law.
Final Decision
The High Court dismissed all three civil revision applications, upholding the trial court's order dated 14th October 2015 which dismissed the applications for rejection of plaint.
Law Points
- Order VII Rule 11 CPC
- Rejection of Plaint
- Cause of Action
- Bar by Law
- Civil Revision under Section 115 CPC
Case Details
2020 LawText (BOM) (06) 20
Civil Revision Application No. 39 of 2015, Civil Revision Application No. 44 of 2015, Civil Revision Application No. 1 of 2016
Mr. Nitin Sardessai, Sr. Counsel with Rohit Bras De Sa (for applicant in CRA 39/2015); Mr. Shivan Desai (for respondent No. 1); Mr. U. R. Tamble, with Ms. Yadika Mandrekar a/w Ms. Gauri Govekar (for respondent No. 3); Mr. J. E. Coelho Pereira, Sr. Counsel with Vinod Korgaonkar (for applicant in CRA 44/2015); Mr. S. G. Desai, Senior Counsel Shivan Desai (for respondent No. 1); Mr. Nitin Sardessai, Sr. Counsel with Rohit Bras De Sa (for respondent No. 2); Mr. U. R. Timble, with Ms. Yadika Mandrekar, Ms. Gauri Govekar (for applicant in CRA 1/2016); Mr. S. G. Desai, Senior Counsel Shivan Desai (for respondent No. 1); Mr. Nitin Sardessai, Sr. Counsel with Rohit Bras De Sa (for respondent No. 2); Mr. J. E. Coelho Pereira, Sr. Counsel with Vinod Korgaonkar (for respondent No. 5)
Diana Buildwell Private Limited (in CRA 39/2015), Starwood Hotels & Resorts India Pvt. Ltd. (in CRA 44/2015), The Saraswat Co-operative Bank Ltd. (in CRA 1/2016)
M/s. Sterling Holiday Resorts (India) Ltd. & Ors.
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Nature of Litigation
Civil revision applications challenging an order dismissing applications for rejection of plaint under Order VII Rule 11 CPC.
Remedy Sought
The applicants (defendants) sought rejection of the plaint in Special Civil Suit No. 11 of 2015/B on the grounds that it did not disclose a cause of action and was barred by law.
Filing Reason
The plaintiff filed a suit for recovery of money and other reliefs. The defendants filed applications for rejection of plaint, which were dismissed by the trial court.
Previous Decisions
The trial court dismissed the applications for rejection of plaint filed by defendant No. 1 (Exhibit D-11), defendant No. 3 (Exhibit D-24), and defendant No. 5 (Exhibit D-26) by common order dated 14th October 2015.
Issues
Whether the plaint disclosed a cause of action?
Whether the plaint was barred by law?
Submissions/Arguments
The applicants argued that the plaint did not disclose a cause of action and was barred by law, warranting rejection under Order VII Rule 11(a) and (d) CPC.
The respondent (plaintiff) contended that the plaint disclosed a cause of action and was not barred by law.
Ratio Decidendi
The plaint disclosed a cause of action and was not barred by law; therefore, the applications for rejection of plaint under Order VII Rule 11(a) and (d) CPC were rightly dismissed.
Judgment Excerpts
The challenge in these civil revision applications, under S. 115 of the Code of Civil Procedure, 1908 (for short “CPC”) is to the common order dated 14th October, 2015 passed by the learned Civil Judge, S. D. Mapusa in Special Civil Suit No. 11 of 2015 / B.
By the impugned order, three separate applications filed one each by defendant No. 1 (Exhibit D-11); defendant No. 3 (Exhibit D-24); and defendant No. 5 (Exhibit D-26), for rejection of plaint under Order VII, Rule 11(a) and (d) of CPC have been dismissed.
Procedural History
The plaintiff filed Special Civil Suit No. 11 of 2015/B for recovery of money. The defendants filed applications for rejection of plaint under Order VII Rule 11(a) and (d) CPC. The trial court dismissed those applications by common order dated 14th October 2015. The defendants then filed three civil revision applications under Section 115 CPC before the High Court of Bombay at Goa, which were disposed of by common judgment on 2nd June 2020.
Acts & Sections
- Code of Civil Procedure, 1908: Section 115, Order VII Rule 11(a), Order VII Rule 11(d)
