Rejection of plaint
Querist :
Anonymous
(Querist) 14 May 2025
This query is : Resolved
Plaintiff has filed a suit for partition by suppressing earlier Registered Partition. The defendant filed an application for rejection of plaint along with a document of earlier registered partition deed. Whether the court can consider the said document by using inherent power u/s 151 of cpc ?
kavksatyanarayana
(Expert) 14 May 2025
From the source, the court has the authority to reject a complaint at any stage; however, it must ensure that the merits of the case justify such rejection.
T. Kalaiselvan, Advocate
(Expert) 14 May 2025
If there is an earlier registered partition deed that has not been challenged, the suit may be dismissed as not maintainable. This was the case where the suit was dismissed because the plaintiff did not challenge a prior partition deed Hemalatha VS K. H. Srinivasan - Karnataka (2022).
Suits for partial partition may be dismissed if they prevent the working out of equities. A court dismissed a suit for partition of a specific plot because it was deemed a partial partition Mrs. E. C. Vas. VS Miss Josephine Hilda Lobo. - Madras (1945).
If a partition suit is barred by res judicata due to previous judgments on the same matter, it can be dismissed. This principle was applied in a case where the suit was dismissed based on earlier findings Palanisamy Gounder(died) VS Chenniappan - Madras (2020).
A suit may be dismissed if the court finds the plaintiff''s intentions questionable, such as seeking re-partition after a significant time lapse MOHANAGA VS RAMALAKSHMAMMA - Karnataka (2022).
Partition suits can be dismissed for various reasons, including failure to prove entitlement, non-joinder of necessary parties, existence of prior deeds, and issues of res judicata.
Therefore you can very well proceed with the petition filed under order VII rule 11 incorporating the proper reasons seeking to reject the plaint.
Advocate Bhartesh goyal
(Expert) 15 May 2025
Plaint can not be rejected u/order 7 rule 11 read with sec 151 CPC on basis of w.s/reply and documents submitted by defendant. Court while deciding petition under order 7 rule 11 cpc conside only the avements Mentioned in plaint and documents annexed with plaint.Better move application under sec 151 cpc mention therein that suit property has already been partitioned by registered partition deed hence suit is not maintainable.
Dr. J C Vashista
(Expert) 15 May 2025
In case the plaintiff has concealed registered partition deed already existing and brought out by defendant suit of the plaintiff shall be dismissed being not maintainable.
S.JEEVAGAN, Madurai.
(Expert) 19 May 2025
When there is a specific provision like Order 7, Rule 11 of Code of Civil Procedure, for rejection of the plaint, inherent powers under section 151 of CPC, cannot be invoked for the said purpose. Moreover, the suit may be dismissed but the plaint cannot be rejected on the ground mentioned in your question.
With Regards,
T. Kalaiselvan, Advocate
(Expert) 25 May 2025
A petition for rejection of a plaint cannot generally be filed by invoking Section 151 of the Code of Civil Procedure (CPC). Section 151 grants courts inherent powers, but it cannot be used to circumvent specific provisions of the CPC, like those in Order VII Rule 11, which outlines grounds for rejecting a plaint.
The earlier partition, if defective or obtained deceitfully or obtained by playing fraud, then the fresh partition suit seeking to rectify the defects by ordering a fresh partition deed through court of law is certainly maintainable.
This can be decided only after full trial conducted by court in this regard hence the rejection of plaint petition may not be entertained by court.
