MALKIAT SINGH Vs. NITESH KUMAR

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner/defendant challenging the order dtd. 30/7/2021(Annexure P-5), passed by the Court of learned Civil Judge (Jr. Division) Ludhiana, whereby the application under Order VII Rule 11 of Civil Procedure Code (C.P.C), for rejection of plaint of respondent/plaintiff-Nitesh Kumar, has been dismissed.

(2.) On the basis of the alleged written document dtd. 17/12/2018 claiming it to be an agreement to sell, plaintiff filed a suit for possession and specific performance. Petitioner-defendant filed an application under Order VII Rule 11 C.P.C. for rejection of the plaint primarily on the following grounds:

(3.) While dismissing the application, learned trial Court observed that at this stage, prayer for rejection of the plaint is wholly immaterial, and the only requirement under the law is that if the averments in the plaint ex facie do not disclose a cause of action or on a reading thereof the suit appears to be barred under any law, the plaint can be rejected. Further, learned trial Court observed that in all other situations, the claims will have to be adjusted in the course of the trial. It is also observed that the value of the suit property cannot be assessed at this stage and the issue of limitation and genuineness of agreement would depend on the evidence to be adduced by the parties. Thus, observed that the question of limitation and the question of genuineness of agreement are the subject matter for evidence.