Court dismisses application for partial rejection of plaint under Order VII Rule 11 of CPC, emphasizing the need for trial to resolve complex legal and factual issues.
In a significant ruling, the Delhi High Court, presided by Justice Avneesh Jhingan, dismissed an application seeking partial rejection of a plaint under Order VII Rule 11 of the Civil Procedure Code (CPC). The case, titled Kanak Trakru v. Renu Trakru Singla, revolves around a family dispute concerning the partition of a suit property and the determination of interests based on a Will executed by Avtar Krishen Trakru and Raj Dulari Trakru.
The plaintiffs, Kanak Trakru and Anmol Trakru, initiated the suit seeking recognition of their rights to the property as beneficiaries of the Will. Alternatively, they requested the partition of the property as a coparcenary/ancestral asset belonging to a Hindu Undivided Family (HUF), claiming individual shares.
Defendant no. 1 filed an application under Order VII Rule 11, CPC, arguing for the rejection of the plaint due to insufficient pleadings regarding the existence of an HUF and the ancestral nature of the property. The application contended that the plaintiffs, as grandchildren, lacked the standing to seek partition during their father’s lifetime, citing precedents from previous judgments.
Justice Jhingan, however, emphasized that the rejection of a plaint under Order VII Rule 11 cannot be done partially. The court reiterated the legal principle that complicated factual and legal issues, such as those arising from the interpretation and validity of the Will, necessitate a full trial. The judgment referenced several Supreme Court and High Court decisions underscoring the impermissibility of partial rejection and the necessity of examining the entire plaint in such cases.
Furthermore, the court noted the ongoing probate proceedings concerning the Will, highlighting that its validity should not be prejudged in the context of the application. Justice Jhingan clarified that the primary prayer in the suit was based on the Will’s provisions, rather than a claim for partition as coparceners.
The dismissal of the application underscores the judiciary’s stance on ensuring comprehensive adjudication of complex family disputes through proper trials. The decision reaffirms the procedural integrity of the civil justice system, where intricate legal questions must be resolved based on evidence and full legal arguments rather than through preliminary applications.
Bottom Line:
Rejection of plaint under Order VII Rule 11, CPC cannot be done partially, and the nature and intent of a Will cannot be decided at this stage as it involves complicated legal and factual issues requiring trial.
Statutory provision(s): Order VII Rule 11 of the Civil Procedure Code, 1908
Kanak Trakru v. Renu Trakru Singla, (Delhi) : Law Finder Doc id # 2844833
