BAKSHISH SINGH Vs. AJAY VIR SINGH

JUDGEMENT

(1.) In this Civil Suit, defendants No.15 to 18 have filed an application OMP No.239 of 2021, under Order VII Rule 11 of the Code of Civil Procedure (for short 'CPC'), for rejection of plaint under Rules 11(b) and 11(d) of Order VII CPC, on the grounds that there is no right to sue for the relief claimed in the suit, suit is barred by Law of Limitation, and, cause of action and relief claimed is not recognized by law of land and, thus, suit is manifestly vexatious and meritless and abuse of process of law.

(2.) In response, plaintiffs have claimed that the application is an abuse of process of law and is not maintainable, as the defendants No.15 to 18 have not come to the Court with clean hands and the application is bad on account of lack of better particulars, material information and it suffers from legal error. It has been claimed on behalf of the plaintiffs that for the pleadings in the plaint and documents filed therewith, suit filed by the plaintiffs is maintainable and no ground, as claimed by defendants No.15 to 18, is made out for rejection of plaint.

(3.) Learned counsel for defendants No.15 to 18 have placed reliance on T. Arivandandam v. T.V. Satyapal and another, (1977) 4 SCC 467; Ajhar Hussain v. Rajiv Gandhi, 1986 (Supp) SCC 315; Liverpool and London S.P. and I Association Ltd. v. M.V. Sea Success I and another, (2004) 9 SCC 512; Swamy Atmanana and others v. Sri Ramakrishna Tapovanam and others, (2005) 10 SCC 51; Khatri Hotesl Private Limited and another v. Union of India and another, (2011) 9 SCC 126; Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra) Dead through Legal Representatives and others, (2020) 7 SCC 366; Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by Legal Representatives, (2020) 16 SCC 601; and Rajender Bajoria v. Hemant Kumar Jalan, 2021 SCC Online 764 : AIR 2021 SC 4594.