Case Note & Summary
The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additional Civil Judge and JMFC-II, Dharwad, in O.S. No.160/2010, rejecting the defendant's application under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC). The suit was filed by the trust seeking a declaration that it is the absolute owner of the suit agricultural land. The defendant argued that the plaint did not disclose a cause of action and was barred by law, warranting rejection. The trial court rejected the application, holding that the plaint disclosed a cause of action and was not barred. The High Court, in this civil revision petition under Section 115 CPC, examined the plaint averments and found that the suit sought a declaration of ownership, which was a valid cause of action. The court noted that the plaint clearly stated the trust's claim over the property, and there was no legal bar to the suit. The High Court dismissed the revision petition, affirming the trial court's order and directing the trial court to proceed with the suit expeditiously.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(d) CPC - Cause of Action - The court held that the plaint disclosed a cause of action as the plaintiff sought declaration of ownership of suit property belonging to a public trust, and the suit was not barred by any law. The trial court's rejection of the application was upheld. (Paras 1-2)
Issue of Consideration
Whether the trial court was justified in rejecting the defendants' application under Order VII Rule 11(d) CPC seeking dismissal of the suit on the ground that the plaint did not disclose a cause of action and was barred by law.
Final Decision
The High Court dismissed the civil revision petition, upholding the trial court's order rejecting the defendant's application under Order VII Rule 11(d) CPC. The trial court was directed to proceed with the suit expeditiously.
Law Points
- Order VII Rule 11(d) CPC
- Rejection of Plaint
- Cause of Action
- Bar by Law
- Public Trust
- Suit for Declaration of Ownership
Case Details
2018 LawText (KAR) (02) 39
Civil Revision Petition No.100042 of 2017
Prof. A P Murari (for petitioner), Sri. Anand K. Navalagimath (for respondent 2)
Shri. Channabasappa S/o Basavanneppa Yeligar
1. Shri. Someshwar Devasthan Jeernodhar Samiti (Trust), 2. The State of Karnataka
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Nature of Litigation
Civil revision petition against rejection of application under Order VII Rule 11(d) CPC in a suit for declaration of ownership of trust property.
Remedy Sought
The petitioner (defendant) sought dismissal of the suit by rejecting the plaint under Order VII Rule 11(d) CPC.
Filing Reason
The petitioner contended that the plaint did not disclose a cause of action and was barred by law.
Previous Decisions
The trial court rejected the defendant's application under Order VII Rule 11(d) CPC on 12.03.2015.
Issues
Whether the plaint disclosed a cause of action?
Whether the suit was barred by any law?
Submissions/Arguments
The petitioner argued that the plaint did not disclose a cause of action and was barred by law, warranting rejection under Order VII Rule 11(d) CPC.
The respondent trust contended that the plaint clearly disclosed a cause of action for declaration of ownership and was not barred.
Ratio Decidendi
The plaint disclosed a cause of action as the plaintiff sought declaration of ownership of suit property belonging to a public trust, and the suit was not barred by any law. Therefore, the application under Order VII Rule 11(d) CPC was rightly rejected.
Judgment Excerpts
In this defendants’ Civil Revision Petition, is challenged the judgment and order dated 12.03.2015 rendered by the learned II Additional Civil Judge and JMFC-II, Dharwad, in a pending suit in O.S. No.160 of 2010 whereby the defendant’s application filed under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 seeking dismissal of the suit is rejected.
The first respondent’s suit is in respect of a public Trust namely Sri.Someshwar Devesthan Jeernodhar Samithi (Trust).
Procedural History
The first respondent (trust) filed O.S. No.160/2010 before the II Additional Civil Judge and JMFC-II, Dharwad, seeking declaration of ownership of suit property. The defendant filed I.A. No.IV under Order VII Rule 11(d) CPC seeking rejection of the plaint. The trial court rejected the application on 12.03.2015. The defendant filed the present civil revision petition under Section 115 CPC before the High Court of Karnataka, Dharwad Bench, which was dismissed on 26.02.2018.
Acts & Sections
- Code of Civil Procedure, 1908: Section 115, Order VII Rule 11(d)
