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As per Order VII Rule 11 of the Code of Civil Procedure, a plaint shall be rejected in the following cases:-
(a) where it does not disclose a cause of action;
b) where the relief claimed is underrated, and the plaintiff, on being required by the Court to correct the valuation within a fixed period of time by the Court, fails to do so;
(c) where the relief claimed is properly valued but the plaint is written upon paper not so sufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to fixed by the Court and if he fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any of the law;
(e) where there has been no duplication;
(f) where the plaintiff fails to comply with the provisions made in rule 9.
In this case, a suit was filed by the plaintiff in 2016 to set aside the sale deed executed in 2008. The High Court had held that since litigation was generated after more than a period of 8 years, it is clearly hit by law of limitation and rejected the plaint.
In appeal Shaukathussain Mohammed Patel vs. Khatunben Mohmmedbhai Polara, the bench comprising of Hon'ble Mr. Justice Uday Umesh Lalit and Hon'ble Mr. Justice R. Subhash Reddy noted that when the plaint is read in entirety, it is clear that the plaintiff had pleaded that the information in respect of the transaction came to the knowledge in the year 2013-2014, and that the plaintiff was always in possession of the property. In the entirety of the circumstances, as pleaded in the plaint, the issues raised in the matter were certainly required to be considered on merits, the bench said while setting aside the High Court order.
This principle has been stated in various judgments of the Apex Court. For instance, in Raptakos Brett & Co.Ltd. v. Ganesh Property (1998 (7) SCC 184). In Hardesh Ores Pvt. Ltd vs M/S. Hede And Company (2006) 5 SCC 658, it was held that the test is whether the averments made in the plaint if taken to be correct in their entirety a decree would be passed.
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