Court Dismisses Suit for Abuse of Process; Upholds 1978 Sale Deed Validity; Applications Under Order 21 Rule 97 CPC Rejected

Temple of Thakur Shri Mathuradassji Versus Kanhaiyalal and Ors.

1. ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment include:

• Whether the suit filed by Mandir Thakurji Shri Mathuradassji, Chota Bhandar, Kakroli and others was an abuse of the process of the court.
• Whether the sale deed executed on 18th December 1978 was valid and conferred ownership rights to the purchasers.
• Whether the subsequent applications filed under Order 21 Rule 97 CPC were maintainable.
• Whether the application under Order 41 Rule 27 CPC for additional evidence was justified.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Abuse of Process of Court

• Legal Framework: The court considered the principles under Section 151 CPC regarding the inherent powers of the court to prevent abuse of its process.
• Court's Interpretation: The court found that the suit was indeed an abuse of the court's process, primarily because it was filed with ulterior motives to obstruct the execution of a valid decree.
• Key Evidence: The history of litigation, including previous judgments and the conduct of the plaintiffs, was crucial in determining the abuse of process.
• Application of Law to Facts: The court applied the inherent powers under Section 151 CPC to dismiss the suit, emphasizing the frivolous nature of the litigation.
• Treatment of Competing Arguments: The plaintiffs argued that the suit was a legitimate claim for declaration of title, but the court rejected this, citing the continuous obstructionist tactics employed by the plaintiffs.
• Conclusion: The suit was dismissed as an abuse of the court's process.

Issue 2: Validity of the Sale Deed

• Legal Framework: The court examined the validity of the sale deed under the Transfer of Property Act and related precedents regarding ownership rights.
• Court's Interpretation: The court upheld the validity of the sale deed executed on 18th December 1978, affirming the rights of the purchasers.
• Key Evidence: The registered sale deed and the subsequent actions of the parties, including the payment of rent to the purchasers, were pivotal.
• Application of Law to Facts: The court found that the sale deed was executed lawfully and conferred valid ownership rights to the purchasers.
• Treatment of Competing Arguments: The plaintiffs' claim that the property belonged to the temple was dismissed due to lack of evidence and the long-standing acknowledgment of the purchasers' ownership.
• Conclusion: The sale deed was deemed valid, and the plaintiffs' challenge was rejected.

Issue 3: Maintainability of Applications under Order 21 Rule 97 CPC

• Legal Framework: The court referred to the provisions under Order 21 Rule 97 CPC regarding resistance to execution of a decree.
• Court's Interpretation: The court held that the successive applications were not maintainable as they were based on the same facts and sought the same relief.
• Key Evidence: The repetitive nature of the applications and the lack of new material evidence were considered.
• Application of Law to Facts: The court applied the principles of res judicata and estoppel to dismiss the applications.
• Treatment of Competing Arguments: The objectors' claims of fraud and misrepresentation were dismissed due to lack of substantiation.
• Conclusion: The applications under Order 21 Rule 97 CPC were dismissed as non-maintainable.

Issue 4: Application under Order 41 Rule 27 CPC

• Legal Framework: The court considered the criteria under Order 41 Rule 27 CPC for admitting additional evidence at the appellate stage.
• Court's Interpretation: The court found the application for additional evidence to be frivolous and unjustified.
• Key Evidence: The documents sought to be introduced were deemed irrelevant and known to the appellants during the trial.
• Application of Law to Facts: The court applied the principles of due diligence and relevance in rejecting the application.
• Treatment of Competing Arguments: The appellants' failure to explain the delay and relevance of the documents led to the dismissal of their application.
• Conclusion: The application under Order 41 Rule 27 CPC was dismissed.

3. SIGNIFICANT HOLDINGS

Core Principles Established:

• The inherent powers of the court under Section 151 CPC can be invoked to prevent abuse of the court's process.
• Successive applications based on the same facts and seeking the same relief are not maintainable.
• Frivolous litigation should be dismissed at the earliest possible stage to prevent undue delay and harassment.

Final Determinations on Each Issue:

• The suit filed by the plaintiffs was dismissed as an abuse of the court's process.
• The sale deed executed on 18th December 1978 was upheld as valid.
• The applications under Order 21 Rule 97 CPC were dismissed as non-maintainable.
• The application under Order 41 Rule 27 CPC for additional evidence was dismissed.

Verbatim Quotes of Crucial Legal Reasoning:

• "Frivolous litigations are required to be nipped in the bud at the earliest possible stage otherwise no relief to the aggrieved party because of the reason that sole object of the frivolous litigation is to drag adversary in the litigation till it is dismissed consuming several years in trial."
• "If the suit is abuse of process of the court and cannot be dismissed under Order 7 Rule 11 CPC then the court is not helpless and can accordingly invoke the powers under Section 151 CPC and can dismiss the suit under Section 151 CPC."

The judgment concludes with the dismissal of both appeals and orders the delivery of possession of the property to the respondents.