MINAL Vs. RAKESH

JUDGEMENT

(1.) Heard Mr. Deo, learned counsel for the applicant.

(2.) In addition to the powers under Order VII Rule 11 (a) and (d) of the Code of Civil Procedure (for short "CPC"), the inherent power of the Court in Sec. 151 of CPC is sought to be invoked for the purpose of rejection of plaint for the reason that it indulges a suppression of material facts. It is also contended, that there is no cause of action and one which is pleaded is illusory. It is also contended, that a relief which ought to have been sought for declaration of the Sale Deed dtd. 28/4/2015 in favour of the applicant as null and void, has not been sought. Reliance is placed upon N.V. Srinivasa Murthy and others Vs. Mariyamma (Dead) by proposed LRS and others, (2005) 5 SCC 548, Dahiben Vs. Arvindbhai Kalyanji Bhanusali (Gajra) Dead Through Legal Representatives and others, (2020) 7 SCC 366, K. Akbar Ali Vs. K. Umar Khan and others, (2021) 14 SCC 51 and Bhagirath Prasad Singh Vs. Ram Narayan Rai And AN, AIR 2010 PATNA 189.

(3.) At the outset, what is material to note is that an application under Order VII Rule 11 (a) and (d) of CPC, has to be tested on the touchstone of the averment in the plaint.