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The High Court struck out a land suit for lack of sufficient description of the disputed land, holding the plaint was incompetent under Order VII Rule 3 CPC.
Failure to properly describe the suit property renders the plaint defective and the suit incompetent ab initio.
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The preliminary objection does not qualify as a pure point of law because whether the land is registered or not requires evidence, and the property is sufficiently described in the plaint as per Order VII Rule 3 of the Civil Procedure Code.
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The plaint failed to provide a sufficient description of the suit property within its body as required by Order VII Rule 3 of the Civil Procedure Code. Annexures cannot cure this defect. The suit is incompetent and must be struck out.
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The plaint failed to provide a sufficient description of the suit property as required by Order VII Rule 3 of the Civil Procedure Code, making it impossible to identify or locate the property, and thus the suit cannot be maintained.
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The plaint is defective for non-compliance with Order VII Rule 3 of the CPC as the suit property is not sufficiently described, making it impossible for the court to grant effective relief or execute any order.
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