Pleading Defect in specific performance suit justified rejection of the plaint for want of cause of action against the owners.

A plaint for specific performance was liable to rejection under Order 7 Rule 11 CPC because it did not disclose an enforceable cause of action against defendants No. 1 and 2. The agreement to sell was pleaded to have been executed by defendant No. 3 as power of attorney holder of the original owner, but the pleadings showed the donor had died in 1997. On that footing, the suit property had already devolved on defendants No. 1 and 2, and defendant No. 3 lacked subsisting authority to bind them or execute the agreement. The rejection of the plaint was upheld and the appeal failed.

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Issues: Whether the plaint was liable to be rejected under Order 7, Rule 11 of the Code of Civil Procedure, 1908 for want of cause of action against defendants No. 1 and 2.

Analysis: The suit was for specific performance of an agreement to sell dated 24.05.2004. The plaint itself showed that the agreement was allegedly executed by defendant No. 3 as power of attorney holder of the original owner, but the donor had died in 1997. On the pleadings, the suit property had already devolved on defendants No. 1 and 2 in 1997, and defendant No. 3 had no subsisting authority to bind them or to execute the agreement. The averments therefore did not disclose any enforceable cause of action against defendants No. 1 and 2.

Conclusion: The rejection of the plaint under Order 7, Rule 11 of the Code of Civil Procedure, 1908 was upheld and the appeal failed.

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