Order 4

Order Details: COPY OF ORDER
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4 Civ Suit 107/24
Mohammad Danish Vs. Shri Munawwar Ali
03.02.2025
Present: Plaintiff in person.
Sh. Ammar, Proxy Ld. Counsel for the defendant.
A joint pass over is sought on behalf of both parties
on the ground that the main counsels are busy in another court.
Be awaited.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
03.02.2025
At 12:08 pm
Present: Sh. Firoz Ahmed, ld. counsel for the plaintiffs.
Sh. Mohd. Akram, ld. counsel for defendant no. 1 to
3.
Arguments have been heard on behalf of both the
parties on application under Order 7 Rule 11 r/w section 151
CPC.
Record has been perused.
By way of the present application, it has been argued
by the defendant that the plaintiffs have no locus standi to file the
present suit and that the plaintiffs are the tenants of the
defendants. It is further argued that the present suit is merely a
counter blast to the suit filed by the defendants against plaintiff
no. 1 before the Ld. Court of SCJ, North-East, KKD under
section 14 (1) (e) of DRC Act. Ld. counsel for the defendants
has argued that there is no cause of action in favour of the
plaintiffs and that the documents filed by the plaintiffs show that
the suit is infructous. It is, therefore, prayed that the suit may be
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rejected with heavy costs as it has merely been filed to pressurize
the defendants.
Per contra, it is argued on behalf of the plaintiffs that
the plaint clearly discloses a cause of action against the
defendants and the application has been filed merely to delay the
proceedings.
It is settled law that while considering an application
under Order VII Rule 11 CPC and the prayer for rejection of the
plaint, only averments of plaint are material and can be taken
into consideration and any evidence or averments made in the
written statement cannot be considered.
In
Nusli Neville Wadia Vs. Ivory Properties and
Ors. (2020) 6 SCC 557 (Judgment dated 04.10.2019), a reference
judgment by a three-judge bench of Hon’ble Supreme Court, it
has been noted as follows:
“63...What is of significance under Order VII
Rule 11 is that from the averments of plaint
itself the suit is barred by any law and it would
include limitation also including bar created by
any other law for the time being in force. For
the rejection of plaint, averments made by the
defendant in the written statement or otherwise
cannot be seen, only the averments of the plaint
are material and can be taken into consideration
and no other evidence.”
In
Ramisetty Venkatanna & Anr. Versus Nasyam
Jamal Saheb & Ors. Civil Appeal No. 2717 of 2023 (Judgment
dated 28.04.2023) Hon’ble Supreme Court has noted as follows:
“7.1 Now so far as the reliance placed upon the
decision of this Court in the case of Nusli
Neville Wadia (supra) is concerned, again there
cannot be any dispute with respect to the
proposition of law laid down by this Court that
while deciding the application under Order VII
Rule XI, mainly the averments in the plaint
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only are required to be considered and not the
averments in the written
statement. ….”
Upon a careful examination of the plaint, the
application and the submissions made by both the parties, this
court finds that the plaint contains sufficient averments and
material particulars to disclose a cause of action. Whether the
plaintiff’s claims are valid or sustainable is a matter to be
decided after evidences are led and cannot be determined at this
stage. The grounds raised by the defendants are beyond the scope
of an application under Order VII Rule 11 CPC.
For the aforementioned reasons, the application
under Order VII Rule 11 r/w section 151 CPC filed on behalf of
the defendants is found to be meritless and is hereby dismissed.
Be put up for further proceedings on 19.03.2025.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
03.02.2025
At 12:45 pm
Present: Sh. Sandeep Kumar, ld. counsel for defendant no. 4.
Ld. Counsel for defendant no. 4 has been apprised of
the order passed.
Be put up on date already fixed i.e. 19.03.2025.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
03.02.2025
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