For purpose of rejection of plaint entirety of averments in plaint have to be taken into account.

Supreme Court Of India

Before : Uday Umesh Lalit and R. Subhash Reddy, JJ.

Civil Appeal No. 8197 of 2019 (Arising out of SLP (C). D/d 22.10.2019.

Shaukathussain Mohammed Patel – Appellant

Versus

Khatuben Mohmmedbhai Polara – Respondent

For the Appellant : Somesh Chandra Jha, R.M. Jadhav, Rahul Narang, Anand Darshan, Advocates.

For the Respondent : – Aniruddha P. Mayee, A. Rajasthan, Sanjeev Kr. Choudhary, Advocates.

Important

For purpose of rejection of plaint entirety of averments in plaint have to be taken into account.

Civil Procedure Code, 1908, Order 7 Rule 11 – Rejection of Plaint – Sustainability – Plaint rejected on ground of limitation – For purposes of provisions of Order 7, Rule 11 of Code, entirety of adverments in plaint have to be taken into account – As detailed in plaint, there was element of deception and fraud which was practised upon plaintiff as result of which concerned document got entered into – As per assertion in plaint plaintiff was always in possession of property – High Court was not right and justified in accepting prayer and holding that plaint was required to be rejected – Order set aside and order passed by trial court restore.

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