SOUMIK SIL versus SUBHAS CHANDRA SIL

SOUMIK SIL versus SUBHAS CHANDRA SIL

After deletion of the name of plaintiff No.1, and in view of compliance with the High Court's order to hand over possession of the premises, the plaint disclosed no cause of action, rendering the suit infructuous and attracting the provisions of Order VII Rule 11(a) CPC. The High Court was right in rejecting the plaint.

Parties
Appellant: Soumik Sil; Respondent: Subhas Chandra Sil
Jurisdiction
India
Judgment Date
25 March 2014
Procedural Posture
Civil Appeal / Appeal From High Court Order Rejecting Plaint Under Order VII Rule 11 of the Code of Civil Procedure
Outcome
Appeal dismissed.
Legal Topics
Rejection of Plaint, Cause of Action, Order VII Rule 11 (a) CPC, Declaratory and Injunction Suits, Matrimonial Property
Civil Procedure Rejection of Plaint Cause of Action Order VII Rule 11 (a) CPC Declaratory and Injunction Suits Matrimonial Property

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Parties

Soumik Sil

Appellant

Subhas Chandra Sil

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Rejecting Plaint Under Order VII Rule 11 of the Code of Civil Procedure

Legal Issues

  1. 1 Whether the plaint in Title Suit No.2430 of 2007 disclosed any cause of action after deletion of the name of plaintiff No.1?
  2. 2 Whether the High Court was correct in rejecting the plaint under Order VII Rule 11 (a) of the Code of Civil Procedure?

Ratio Decidendi

After deletion of the name of plaintiff No.1, and in view of compliance with the High Court's order to hand over possession of the premises, the plaint disclosed no cause of action, rendering the suit infructuous and attracting the provisions of Order VII Rule 11(a) CPC. The High Court was right in rejecting the plaint.

Court Disposition

Appeal dismissed.

Orders

  • The order of the High Court rejecting the plaint is affirmed.
  • The appeal is dismissed with no merit found.