Code of Civil Procedure, 1908 – Order VII, rule 11 CPC – Civil Procedure – Rejection of plaint – Cause of action – Vexatious litigation – Specific performance – Fraud – Forged signatures – Application filed under Order VII, rule 11 CPC seeking rejection of plaint on grounds of vexatiousness, lack of cause of action, and meritlessness.
Plaintiff alleges agreement to sell with defendant for purchase of land, subsequent refusal by defendant to execute sale deed, and accuses defendant of fraud and forgery. Defendant contests, claiming absence of privity of contract, denial of receipt of payment, and alleges vexatious litigation by plaintiff to extort money.
Court examines plaint and documents annexed, holds that sufficient cause of action exists in plaintiff’s favor, dismissing defendant’s application. Upholding plaintiff’s right to sue for specific performance despite filing FIR alleging fraud and forgery by defendant and her husband.
Inconsistent averments in plaint and FIR deemed insufficient to warrant rejection of plaint. Court emphasizes strict adherence to conditions under Order VII, rule 11 CPC, requiring thorough scrutiny of plaint and documents to determine cause of action. Plaintiff’s remedy for alleged fraud and forgery lies in civil suit for specific performance, not precluded by filing of FIR.
Application dismissed, case listed for further consideration. (Para 26)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 139 HP
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Dharam Pal Vs. Smt. Shahnaz Begum
OMP No. 396 of 2023 in Civil Suit No. 58 of 2022-Decided on 01-04-2024
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