Order 6

Order Details: COPY OF ORDER
Pdf Text: CS DJ 913 /2024
SOURABH MITTRA Vs. DEVENDER NATH MITTRA Page No.1/4
CS DJ 913 /2024
SOURABH MITTRA Vs. DEVENDER NATH MITTRA
13.05.2026
ORDER ON APPLICATION U/O 7 RULE 11 CPC
1. Counsel for the defendant presses his application U/o 7 Rule 11 CPC
dated 03.01.2025.
FACTUAL MATRIX
2. The defendant is Chacha of plaintiff. Plaintiff is residing in First Floor of
Property bearing No.9A/155, Old Gupta Colony, Delhi. Defendant is stated to be
owner of H. No.10A/155, Old Gupta Colony, Delhi. However, defendant is in
possession of second floor of Property bearing No.9A/155, Old Gupta Colony,
Delhi (hereinafter referred to as ‘Suit Property’)
3. Plaintiff is seeking possession of suit property, mesne profit, relief of
permanent injunction.
FIRST ARGUMENT
4. Counsel for defendant contends that settlement agreement dated
10.04.2018 between the parties is admitted. However, plaintiff did not take any
step to pursue the settlement agreement and hence the suit is without cause of
action. Rejection of plaint is prayed for.
5. Per contra counsel for plaintiff contends that in para 8 of the plaint, it is
specifically averred that on several occasions, plaintiff approached the defendant
for giving properties to mutually agreed Builder. Defendant started constructing
property No.10A/155 without permission of plaintiff.
SECOND ARGUMENT
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6. Counsel for defendant contends that valuation of suit property in para 22
of the plaint for the purposes of pecuniary jurisdiction is on lower side.
7. Per contra, counsel for plaintiff contends that at this stage, valuation by
plaintiff is to be taken as correct. Appropriate issue can be pressed by the
defendant at appropriate stage as question of valuation requires evidence and trial.
SCOPE OF INTERFERENCE BY THIS COURT :
8. Instead of referring to all the judicial precedent laid down by the
apex court in this regard, it would be apposite to refer to the case of
Saleem Bhai
v. State of Maharashtra, reported in(2003) 1 SCC 557., the Hon'ble Supreme
Court, while discussing the factors to be considered by the Courts in exercise of
power under ORDER 7 Rule 11 CPC , has held that:
“9. Order 7 Rule 11 CPC reads as under:
“
Rejection of plaint.—The plaint shall be rejected in the following cases—
(
a) where it does not disclose a cause of action;
(
b) where the relief claimed is undervalued, and the plaintiff, on being
required by the court to correct the valuation within a time to be
fixed by the court, fails to do so;
(
c) where the relief claimed is properly valued but the plaint is written
upon paper insufficiently stamped, and the plaintiff, on being
required by the court to supply the requisite stamp paper within a
time to be fixed by the court, fails to do so;
(
d) where the suit appears from the statement in the plaint to be
barred by any law;
(
e) where it is not filed in duplicate;
(
f) where the plaintiff fails to comply with the provisions of Rule
Provided that the time fixed by the court for the correction of the
valuation or supplying of the requisite stamp papers shall not be
extended unless the court, for reasons to be recorded, is satisfied
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that the plaintiff was prevented by any cause of an exceptional
nature from correcting the valuation or supplying the requisite
stamp papers, as the case may be, within the time fixed by the court
and that refusal to extend such time would cause grave injustice to
the plaintiff.”
10. A perusal of Order 7 Rule 11 CPC makes it clear that the relevant
facts which need to be looked into for deciding an application thereunder
are the averments in the plaint. The trial court can exercise the power under
Order 7 Rule 11 CPC at any stage of the suit — before registering the plaint
or after issuing summons to the defendant at any time before the conclusion
of the trial. For the purposes of deciding an application under clauses (
a)
and (
d) of Rule 11 of Order 7 CPC, the averments in the plaint are germane;
the pleas taken by the defendant in the written statement would be wholly
irrelevant at that stage, therefore, a direction to file the written statement
without deciding the application under Order 7 Rule 11 CPC cannot but be
procedural irregularity touching the exercise of jurisdiction by the trial
court. The order, therefore, suffers from non-exercising of the jurisdiction
vested in the court as well as procedural irregularity. The High Court,
however, did not advert to these aspects …….. ”
11. Heard. Record perused.
FINDINGS ON FIRST ARGUMENT :
12. Submissions on behalf of defendant that settlement agreement dated
10.04.2018 between the parties is admitted. However, plaintiff did not take any
step to pursue the settlement agreement and hence the suit is without cause of
action. Further submissions that plaint be rejected, are without merits. These
submissions are rejected as :
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13. Perusal of record shows that in para 8 of the plaint, it is specifically
averred that on several occasions, plaintiff approached the defendant for giving
properties to mutually agreed Builder. Defendant started constructing property
No.10A/155 without permission of plaintiff. Defence of defendant will require
evidence and trial. At this stage, it cannot be said that suit is without cause of
action.
FINDINGS ON SECOND ARGUMENT :
14. Submissions on behalf of the defendant that valuation of suit property in
para 22 of the plaint for the purposes of pecuniary jurisdiction is on lower side.
Further submissions that plaint be rejected, are without merits. These submissions
are rejected as :
15. At this stage, valuation by plaintiff is to be taken as correct. Appropriate
issue can be pressed by the defendant at appropriate stage as question of valuation
requires evidence and trial.
16. To sum up, application U/o 7 Rule 11 CPC dated 03.01.2025, is dismissed.
(VIKRAM BALI)
DISTRICT JUDGE-02/NORTH/ROHINI
DELHI/13/05/2026
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