Supreme Court of India
Raghwendra Sharan Singh v. Ram Prasanna Singh (dead) by Lrs
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6 Supreme Court benches have cited this judgment.
What the Court ordered
Consequently, the impugned judgment and order passed by the High Court dated 12.03.2013 as well as the order passed by the Munsif, Danapur rejecting the Order 7 Rule 11 application filed by the original defendant are hereby set aside. Consequently, the application submitted by the appellant herein-original defendant to reject the plaint under Order 7 Rule 11 of the CPC is hereby allowed and the plaint, being Title Suit No. 19 of 2003 is hereby rejected. The present appeal is allowed accordingly in terms of the above. No costs.
Judgment, Para 9
From the headnote
Code of Civil Procedure, 1908 – Or.7, r.11 – Father of the appellant (original plaintiff) and his brother jointly purchased the land in question and executed registered gift deed dtd. 06.03.1981 in favour of the appellant – Appellant instituted partition suit in 2001 against his brothers and others for partition of the joint Hindu family properties – Original plaintiff was joined as defendant no.10 in the 2001 suit – Original plaintiff filed Title Suit in 2003 against the appellant inter alia for declaration that the gift deed executed in favour of the appellant is sham – Appellant filed application u/Or.7 r.11 for rejection of the plaint inter alia on the ground that the suit is barred by limitation…
Authorities it was built on
- 1977 T. Arivandandam v. T. V. Satyapal & Another
- 2004 Sopan Sukhdeo Sable and Ors. v. Assistant Charity Commissioner and Ors.
- 2012 The Church of Christ Charitable Trust & Educational Charitable Society, Represented by its Chairman v. M/s Ponniamman Educational Trust Represented by its Chairperson/ Managing Trustee
- 2017 Madanuri Sri Rama Chandra Murthy v. Syed Jalal
- 1989 A.B.C. Laminart Pvt. Ltd. & Anr. v. A.P. Agencies, Salem
- 2005 N.V. Srinivasa Murthy and Ors. v. Mariyamma (dead) by Proposed Lrs. and Ors.
- 2007 Ram Prakash Gupta v. Rajiv Kumar Gupta and Ors.
- 1994 Bloom Dekor Ltd. Etc. Etc. v. Subhash Himatlal Desai and Ors. Etc.
- 2009 Shyam Lal @ Kuldeep v. Sanjeev Kumar & Ors
Where later benches applied it
- 2022 C.S. Ramaswamy v. V. K. Senthil & Ors
- 2021 Shri Saurav Jain & Anr. v. M/s A. B. P. Design & Anr.
- 2025 P. Kumarakurubaran v. P. Narayanan & Ors.
- 2024 Kaushik Premkumar Mishra & Anr. v. Kanji Ravaria @ Kanji & Anr.
- 2022 M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad and Ors.
- 2020 Dahiben v. Arvindbhai Kalyanji Bhanusali (gajra) (d) Thr Lrs & Ors.
Of those, 2 relied on · 4 referred to
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