TaxTMI 
TaxTMI 
2023 (4) TMI 908
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....ivil Procedure. 2. The appellant/plaintiff has filed the suit in O.S.No.16 of 2013 against the respondents/defendants claiming the relief of specific performance of the agreement dated 30.12.2009. The defendants have filed their written statement. Pending suit, the defendants have filed an application under Order 7 Rule 11 C.P.C., for rejection of the plaint in I.A.No.73 of 2013. The plaintiff has filed the counter affidavit denying the averments raised in the affidavit filed in support of the petition in I.A.No.73 of 2013 and raising objections. The learned Additional District Judge, after enquiry, has passed the impugned order dated 15.04.2014, allowing the petition and thereby rejecting the plaint. Aggrieved by the rejection of the su....
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....aintiff was constrained to file the above suit for specific performance. 5. The defendants have raised the following grounds for rejection of the plaint: (i) The plaintiff, in his plaint, by listing out five properties, has claimed the relief of specific performance in respect of the said five properties, but the said properties do not find place in the suit sale agreement dated 30.12.2009. (ii) The plaintiff has violated the terms of the sale agreement and he has not complied with the duties shown in the agreement. (iii) Since the period for performance was fixed as four months, the suit has become time barred. (iv) Instead of taking the appropriate civil suit, the plaintiff has initiated criminal pro....
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....d that while considering an application under Order 7 Rule 11 C.P.C., the averments in the plaint alone are to be examined and no other extraneous factor can be taken into consideration. 8. As rightly contended by both parties, in the sale agreement, the property is shown to be situated in T.S.No.42 and the house bearing Door No.72 and the adjoining vacant place in Kattabomman Theru, Virudhunagar Municipal Town. No doubt, the plaintiff has shown five items of suit properties situated in T.S.Nos.41 and 42 in Plot No. 1, W. 11 of Kattabomman Street, Virudhunagar Municipal Town. The plaintiff in the plaint has raised the averments for describing the property agreed to be sold in five item. In paragraph 9, it has been stated as follows: I....
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....n of a plaint and that the plaint can either be rejected as a whole or not at all. 11. Order 7 Rule 11 of the Code of Civil Procedure elaborates on the rejection of the plaints in certain circumstances. It has mentioned certain grounds on the basis of which, the plaints are rejected by the Courts. One of them is not mentioning the cause of action that the plaintiff seeks against the defendant. Cause of action is a set of allegations or facts that make up the basis of filing a civil suit in Court. A plaint can very well be rejected by the Court, if the plaint does not disclose any cause of action. The cause of action has been mentioned in various places in C.P.C. Without a cause of action, a civil suit cannot arise. The cause of action is....
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....in O.S.No. 16 of 2013 and the consequent judgment and decree passed in O.S.No. 16 of 2013, dated 15.04.2014, on the file of the Additional District Court, Virudhunagar is set aside. The trial Court is directed to frame the issues if not already framed, proceed with the trial and dispose of the suit as expeditiously as possible, preferably within a period of three months from the date of copy of this judgment. Consequently, the connected Miscellaneous Petition is closed. No costs. ============= Document 1 fpiua x:g:ge:jj;jpy; Twg:gl:Ls;s brhj: jw:rkak; rh;Bt mst[fspd;go jgrpy: brhj;jhf tpthpf;fg:gl;Ls;s). i& fjt[ vz; 721 bjspthf fhl;Ltjw;F nj;Jld; g[ifg:glk; nizf;fg:gl;Ls;s). nU jug:g[k: xg:ge:jk; bra: bfhs;Sk; Bgh) kd epiyapy.....