Case Note & Summary
The dispute arose from a Memorandum of Understanding (MoU) dated 31.08.1998 between the appellant and respondent No. 1 regarding the sale of property, which was subject to pending litigation among the respondent's family members. The appellant filed a suit for injunction in 2009 to prevent the respondent from selling the property to third parties, which was dismissed. After the litigation was resolved in 2015, the appellant filed a suit for specific performance in 2017. The respondent sought to reject the plaint under Order VII Rule 11(d) CPC, claiming the suit was barred as the relief was available in the earlier injunction suit. The Trial Court initially rejected this application, but the High Court later allowed a review application, leading to the dismissal of the appellant's suit. The Supreme Court found that the High Court erred in considering materials outside the plaint and emphasized that only the plaint's averments should be considered at this stage. The Court noted that the cause of action for specific performance arose after the resolution of the family litigation, and thus the suit was maintainable. The appeal was allowed, and the High Court's order was set aside, directing the Trial Court to proceed with the suit.
Headnote
A) Civil Procedure - Rejection of Plaint - Grounds for Rejection - Order VII Rule 11 CPC - The court held that the application for rejection of the plaint could only consider the pleadings in the suit and not extraneous materials. The High Court's decision to allow the review application and reject the plaint was erroneous as it did not adhere to the principles governing Order VII Rule 11 CPC (Paras 23-26).
Issue of Consideration
Whether the suit for specific performance was maintainable or barred under Order II Rule 2 of the Code of Civil Procedure, 1908 (CPC)
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the Trial Court to proceed with the suit for specific performance.
Law Points
- Order VII Rule 11 CPC
- Specific Relief Act
- 1963
- cause of action
- maintainability of suit
- review application
