Case Note & Summary
The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an order of the Civil Judge, Senior Division, Islampur, which rejected their application (Exhibit-16) for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The respondents (plaintiffs) had filed Special Civil Suit No.4 of 2016 seeking specific performance of an agreement to sell 40 Are of land out of Gat No.988, alleging that defendant no.1 fraudulently represented himself as a power of attorney holder of the owners and induced them to pay Rs.18,00,000 as part consideration. The defendants contended that the plaint did not disclose a cause of action because the alleged agreement was not signed by the defendants and the power of attorney was not annexed. The trial court held that the plaint disclosed a cause of action and raised triable issues. The High Court, after examining the plaint averments, held that the plaint clearly alleged fraud and misrepresentation, which are triable issues. The court reiterated that for an application under Order VII Rule 11, only the plaint and its annexures are to be considered, and if the plaint discloses a cause of action, it cannot be rejected. The court found no infirmity in the trial court's order and dismissed the petition, directing the trial court to expedite the suit.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Cause of Action - The court must consider only the plaint averments and documents annexed thereto to determine if the plaint discloses a cause of action; if it does, the plaint cannot be rejected even if the defence appears strong. (Paras 7-10) B) Specific Performance - Fraud and Misrepresentation - Triable Issues - Allegations that the defendant fraudulently represented himself as a power of attorney holder and induced the plaintiffs to part with money constitute triable issues that cannot be decided at the stage of rejection of plaint. (Paras 11-14) C) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Power of Attorney - The validity of a power of attorney and the authority of the agent are questions of fact that require trial and cannot be summarily determined on an application for rejection of plaint. (Paras 15-17)
Issue of Consideration
Whether the trial court was justified in rejecting the application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, on the ground that the plaint disclosed a cause of action and raised triable issues.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order rejecting the application for rejection of plaint. The court directed the trial court to expedite the hearing and disposal of the suit.
Law Points
- Order VII Rule 11 CPC
- Rejection of plaint
- Cause of action
- Triable issues
- Fraud
- Misrepresentation
- Power of attorney
- Specific performance
