Case Note & Summary
The dispute arose from a development agreement and subsequent sale deed concerning 32 plots in Latur. The plaintiff, a co-owner, entered into a development agreement with defendant No. 1 in 2014, which later converted into a sale deed in 2017 for Rs. 17 crores, with adjustments for earlier payments. Disputes over unpaid cheques led the plaintiff to file Spl. C. S. No. 482 of 2022 for possession and recovery of Rs. 2,61,53,000/-. This suit was withdrawn under Order XXIII Rule 1 CPC with liberty to file a fresh suit on the same cause of action, as per Trial Court order dated 21.10.2023, confirmed by higher courts. The plaintiff then filed Spl. C. S. No. 216 of 2023 on 01.11.2023, seeking specific performance, possession, injunctions, and recovery of Rs. 2,33,56,000/-. The defendants (applicants) filed an application under Order VII Rule 11(a) and (d) CPC seeking rejection of the plaint on grounds of bar under Order II Rule 2 CPC, want of cause of action, and limitation. The Trial Court rejected this application, leading to a civil revision application before the High Court. The applicants argued that the present suit included additional prayers not in the earlier suit, violating Order II Rule 2, and that the suit was barred by limitation and lacked cause of action. The plaintiff contended that the suit was filed on the same cause of action as permitted, and issues of bar and limitation require evidence and trial. The High Court analyzed the prayers of both suits, noting additional prayers in the present suit but finding that the cause of action remained the same. It held that objections under Order II Rule 2 CPC involve factual disputes requiring evidence, making them unsuitable for summary rejection under Order VII Rule 11. Similarly, issues of cause of action and limitation were deemed contentious and needing trial. The court emphasized that the plaintiff acted within the liberty granted, and the plaint could not be rejected at this preliminary stage. Consequently, the civil revision application was dismissed, upholding the Trial Court's order.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Bar Under Order II Rule 2 CPC - Code of Civil Procedure, 1908, Order VII Rule 11, Order II Rule 2 - Applicants sought rejection of plaint under Order VII Rule 11(a) and (d) CPC, alleging bar under Order II Rule 2 CPC as the present suit included additional prayers not in the earlier withdrawn suit - Court held that the plaint of both suits and their causes of action were before the Trial Court, and there was no impediment to examining the Order II Rule 2 ground, but the suit was filed on the same cause of action as permitted by the withdrawal order - Held that the objection under Order II Rule 2 cannot be decided at the Order VII Rule 11 stage as it requires evidence and trial (Paras 7, 12-13). B) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Want of Cause of Action and Limitation - Code of Civil Procedure, 1908, Order VII Rule 11 - Applicants contended the plaint discloses no cause of action and is barred by limitation, arguing the plaintiff omitted to challenge the sale deed to overcome limitation - Court found these are contentious issues requiring evidence and objective scrutiny during trial, not amenable to summary rejection under Order VII Rule 11 - Held that the plaint cannot be rejected at this stage as these matters need to be examined in trial (Paras 7-8, 13). C) Civil Procedure - Withdrawal of Suit - Order XXIII Rule 1 CPC - Liberty to File Fresh Suit - Code of Civil Procedure, 1908, Order XXIII Rule 1 - Plaintiff withdrew earlier suit Spl. C. S. No. 482 of 2022 under Order XXIII Rule 1 CPC, with liberty to file fresh suit on the same cause of action granted by Trial Court order dated 21.10.2023 - This order was confirmed by the High Court and Supreme Court - Present suit Spl. C. S. No. 216 of 2023 was filed on 01.11.2023 in pursuance of this liberty - Court held that the suit is maintainable as filed on the same cause of action, and additional prayers do not violate the liberty condition (Paras 5-6, 10-12).
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Issue of Consideration: Whether the plaint in Spl. C. S. No. 216 of 2023 is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 on grounds of bar under Order II Rule 2, want of cause of action, and limitation.
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Final Decision
Civil Revision Application No. 61 of 2026 is dismissed. The impugned order dated 03.02.2026 passed below Exhibit 41 in Spl. C. S. No. 216 of 2023 is upheld.
