Case Note & Summary
The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, by the plaintiffs against the order dated 14.10.2019 passed by the VII Additional City Civil and Sessions Judge, Bengaluru, in OS No.3208/2008, allowing IA No.24 filed by Defendants 24 and 26 under Order VII Rule 11(a) to (d) CPC. The suit appeared to be for partition, declaration, and injunction against multiple defendants, including companies and individuals. The trial court rejected the plaint on the ground that it did not disclose a cause of action or was barred by law. The High Court reserved judgment on 28.04.2026 and pronounced on 29.06.2026. Due to the incompleteness of the judgment text, the specific findings, reasoning, and final decision of the High Court are not available.
Issue of Consideration
Law Points
- Order VII Rule 11
- rejection of plaint
- cause of action
- Section 96
- Civil Procedure Code
- 1908
- partition suit
- declaration
- injunction
- limitation
Case Details
2026 LawText (KAR) (06) 61
Regular First Appeal No. 1595 of 2021 (PA/DE/IN)
Justice Anu Sivaraman and Justice Tara Vitasta Ganju
Kalyan Basavaraj, Prajawal K. Aradhya, G. Nataraj, Uday Holla
Smt. Kalyani and Smt. Shubha
M/s. Kanyakumari Builders Pvt. Ltd. & Ors.
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Nature of Litigation
The appeal arises from an order rejecting the plaint in a civil suit filed for partition, declaration, and injunction, based on an application under Order VII Rule 11 CPC.
Remedy Sought
The appellant/plaintiff sought to set aside the trial court's order rejecting the plaint and to restore the suit for trial on merits.
Filing Reason
The trial court allowed the application under Order VII Rule 11 CPC on grounds that the plaint did not disclose a cause of action, was barred by limitation, or was not properly valued.
Previous Decisions
The VII Additional City Civil and Sessions Judge, Bengaluru, by order dated 14.10.2019, allowed IA No.24 in OS No.3208/2008 under Order VII Rule 11 CPC, rejecting the plaint.
Judgment Excerpts
The present appeal is filed by the appellant/plaintiff impugning an order dated 14.10.2019 passed on I.A.No.24 in O.S.No.3208/2008 by the VII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as the ‘Impugned Order’).
By the Impugned Order, an application under Order VII Rule 11 (a) to (d) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’), seeking rejection of the plaint filed by Defendants 24 and 26 / Respondent Nos.1 and 2, has been al
Procedural History
The plaintiffs filed OS No.3208/2008 before the City Civil Court, Bengaluru, for partition, declaration, and injunction. Defendants 24 and 26 filed IA No.24 under Order VII Rule 11 CPC seeking rejection of the plaint. The trial court allowed the application on 14.10.2019. The plaintiffs filed Regular First Appeal No. 1595 of 2021 under Section 96 CPC before the High Court of Karnataka. The High Court heard the appeal and reserved judgment on 28.04.2026, pronouncing on 29.06.2026.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order VII Rule 11
- Indian Companies Act, 1956:
