In a recent landmark judgement by the Supreme Court of India, a resolution was reached in a land dispute case involving an application under Order 7 Rule 11. The case, which originated from Civil Suit No.1641/2016 in the Court of District & Sessions Judge, Rohini Courts, Delhi, saw the defendants filing an application seeking dismissal of the suit. The High Court’s decision to allow the plaintiff’s appeal and dismiss the defendants’ application paves the way for further proceedings. Find out more about this significant development in the legal landscape.
Facts
- The specific part of the judgement (FAC) was contested by the plaintiff (appellant in CAs @ SLP 31539-31540/2017).
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Analysis
- The appellant is the plaintiff in Civil Suit No.1641/2016 in the Court of District & Sessions Judge, Rohini Courts, Delhi.
- The defendants filed an application under Order 7 Rule 11 of the Code of Civil Procedure seeking dismissal of the suit.
- The appellant filed appeals against the order arising from the suit.
- The subject matter of the suit is a land described in the plaint.
- Defendant No.1 of the suit filed CAs @ SLP 5318-5319/2018 against the plaintiff and defendant No.2.
- The appellant in CAs @ SLP 31539-31540/2017 has filed the suit for declaration, injunction, and recovery of damages.
Decision
- The High Court allowed the plaintiff’s appeals and dismissed the defendants’ applications under Order 7 Rule 11 of the Code.
- Defendants were advised to raise their objections in written statements instead of using Order 7 Rule 11.
- The pleas raised by defendants did not fall under any clause of Order 7 Rule 11.
- The Trial Court was directed to decide the suit on merits without being influenced by previous observations.
- The parties were granted liberty to file written statements, following which appropriate issues would be framed and the case would be tried.
- All connected appeals were disposed of accordingly.
Case Title: ALPANA GUPTA Vs. APG TOWERS PVT. LTD
Case Number: C.A. No.-006411-006412 / 2019
