Case Note & Summary
The case arises from a civil revision application filed by the defendants (petitioners) challenging an order dated 24th January 2012 passed by the trial court on Exhibit 87 in Special Civil Suit No.583 of 1997. The trial court had rejected the defendants' plea that the plaint should be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) as being barred by law. The suit was originally filed in 1997 by Smt. Manjudevi (respondent no.1) seeking specific performance of an agreement to sell immovable property situated at Nagpur. In the plaint, she stated that she and her husband Vinodkumar (respondent no.2) had agreed to purchase the property from defendant nos.1 to 4 (the petitioners) and an agreement was executed in 1996, with both Manjudevi and Vinodkumar as parties. Certain earnest money was paid. Subsequently, they learned that the defendants had agreed to sell the property to others, giving rise to the cause of action. However, the suit was filed only by Manjudevi, without joining her husband as a plaintiff. The defendants raised an objection in their written statement regarding non-joinder of Vinodkumar. In 2005, Manjudevi moved an application for amendment to join her husband as plaintiff no.2. After litigation, the amendment was allowed by the High Court, which specifically stated that Vinodkumar joined the litigation from the date of the order (2005). The defendants then filed an application under Order VII Rule 11 CPC seeking rejection of the plaint on the ground that the suit was barred by law due to non-joinder of a necessary party. The trial court rejected that application, leading to the present revision. The High Court held that the objection to non-joinder was belatedly raised after issues were framed and trial had commenced. The defect was cured by the amendment allowing joinder of Vinodkumar. The plaint cannot be rejected under Order VII Rule 11 CPC as the suit is not barred by law. The revision was dismissed, and the trial court was directed to expedite the suit.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Non-joinder of Parties - The court considered whether a plaint can be rejected for non-joinder of a co-plaintiff when the suit was filed by only one of two joint purchasers under an agreement to sell. The court held that the objection was belatedly raised after issues were framed and trial had commenced, and the defect was cured by an amendment allowing joinder of the other purchaser. The plaint cannot be rejected under Order VII Rule 11 CPC as the suit is not barred by law. (Paras 2-5) B) Civil Procedure - Joinder of Parties - Order I Rule 1 CPC - The court observed that under Order I Rule 1 CPC, all persons in whom any right to relief arises out of the same act or transaction may be joined as plaintiffs. In this case, both the plaintiff and her husband had a joint right to seek specific performance, and the suit originally filed only by the wife was defective. However, the defect was cured by subsequent amendment allowed by the High Court. (Paras 2-4) C) Civil Procedure - Amendment of Plaint - Curing Defect - The court noted that the High Court had allowed the amendment to join the husband as plaintiff no.2, but specifically stated that he joined the litigation from the date of the order (2005). The court held that this amendment cured the defect of non-joinder, and the suit cannot be rejected on that ground. (Paras 3-4)
Issue of Consideration
Whether the plaint in a suit for specific performance is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 on the ground of non-joinder of a necessary party (the husband of the plaintiff) when the suit was originally filed by only one of the two co-purchasers under an agreement to sell.
Final Decision
The High Court dismissed the civil revision application, upholding the trial court's order rejecting the defendants' plea for rejection of plaint under Order VII Rule 11 CPC. The court directed the trial court to expedite the suit.
Law Points
- Order VII Rule 11 CPC
- Order I Rule 1 CPC
- non-joinder of parties
- rejection of plaint
- belated objection
- amendment of plaint
- specific performance
