Case Note & Summary
The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreement of sale in his favour and received Rs.4 lakh as earnest money, but failed to execute the sale deed despite the plaintiff's readiness and willingness. The defendant filed a written statement and also filed I.A.No.3 under Order 7 Rule 11 CPC read with Sections 3, 23 and 27 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking rejection of the plaint on the ground that the suit was barred under the said Act. The trial court allowed the application and rejected the plaint. Aggrieved, the plaintiff filed this appeal. The High Court held that the plaint disclosed a cause of action for specific performance and that the bar under Section 23 of the Senior Citizens Act, 2007 was not applicable as the agreement of sale was executed prior to the Act coming into force. The court observed that the trial court erred in rejecting the plaint at the threshold without a trial. The appeal was allowed, the order rejecting the plaint was set aside, and the suit was restored to the file of the trial court for disposal in accordance with law.
Headnote
A) Civil Procedure Code - Rejection of Plaint - Order 7 Rule 11 - Maintainability - The court held that rejection of plaint under Order 7 Rule 11 CPC is permissible only when the plaint does not disclose a cause of action or is barred by law. In the present case, the plaint disclosed a cause of action for specific performance and the bar under Section 23 of the Senior Citizens Act, 2007 was not attracted as the agreement of sale was executed prior to the Act coming into force. (Paras 1-3) B) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Bar of Suit - Sections 3, 23, 27 - The court held that Section 23 of the Act, which voids transfers of property by senior citizens obtained by fraud or coercion, does not apply retrospectively to agreements executed before the Act. The suit for specific performance based on a pre-Act agreement is not barred. (Paras 2-3) C) Specific Performance of Contract - Cause of Action - Agreement of Sale - The plaintiff alleged execution of a registered agreement of sale, payment of earnest money, and readiness to perform. The court held that these allegations disclose a cause of action and the plaint cannot be rejected at the threshold. (Paras 2-3)
Issue of Consideration
Whether the civil suit for specific performance of contract is barred under Sections 3, 23 and 27 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and whether the plaint is liable to be rejected under Order 7 Rule 11 CPC.
Final Decision
The appeal is allowed. The order dated 04.01.2021 passed on I.A.No.3 in O.S.No.279/2020 by the II Additional Senior Civil Judge and JMFC, Chickballapur, is set aside. The suit is restored to the file of the trial court for disposal in accordance with law.
Law Points
- Order 7 Rule 11 CPC
- Section 96 CPC
- Section 3
- 23
- 27 Maintenance and Welfare of Parents and Senior Citizens Act
- 2007
- Specific Performance of Contract
- Rejection of Plaint
- Cause of Action
- Bar of Suit
