9911796707
TMI Blog2005 (7) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... I Rule 11 of the Code of Civil Procedure was liable to rejection. The High Court by the impugned order passed in Misc. Second Appeal reversed the order of the first appellate court and upheld that of the trial court. 2. Learned counsel appearing for the plaintiff in this appeal contends that if the plaint allegations containing all facts are read in proper perspective, 'cause of action' has clearly been pleaded and the High Court grossly erred in rejecting the plaint on the ground that it does not disclose any cause of action. 3. With the assistance and on the comments and counter comments of the parties, we have carefully gone through the contents of the plaint. We find that the plaint has been very cleverly drafted with a view t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in amounts under the loan with an oral promise to execute a registered reconveyance deed in favour of the plaintiffs. In paragraph 9 of the plaint a statement was made to the effect that in respect of the registered sale deed of 1953, on payment of entire outstanding amount of loan, the receipt was obtained on 25.3.1987 from the defendants and the original registered sale deed dated 5.5.53 was returned to the first plaintiff with an oral promise by the defendants to execute a registered document in favour of plaintiff/borrower. 6. On reading all the averments in paragraph 9 of the plaint, it is apparent that the cause of action for obtaining a registered reconveyance deed from the defendants in favour of the plaintiffs first arose on 25.3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Tehsildar and the Deputy Tehsildar by way of an appeal before the Assistant Commissioner who confirmed the orders of the lower revenue authorities. 9. The cause of action is said to have arisen when the Assistant Commissioner by order dated 28.4.1994 confirmed the orders of the lower authorities directing mutation of the names of the defendants on the suit lands and then again in the first week of July 1995 when the defendants as alleged had made an attempt to interfere with the plaintiffs' possession and enjoyment of suit lands. The suit was filed on 26.8.1996. In the prayer clause, the relief claimed in the suit are (a) declaration that the plaintiffs are absolute owners of the suit lands (b) permanent injunction rest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the cause of action from 25.3.1987, the suit filed on 26.8.1996, was hopelessly barred by time. 12. The averments in paragraph 12 of the plaint concerning the mutation proceedings before the revenue authorities did not furnish any fresh cause of action for the suit and they appear to have been made as a camouflage to get over the bar of limitation. The dispute of mutation in the revenue court between the parties arose only on the basis of registered sale deed dated 5.5.1953. The orders passed by Tehsildar/Assistant Commissioner did not furnish any independent or fresh cause of action to seek declaration of the sale deed of 5.5.53 to be merely a loan transaction. The foundation of suit does not seem to be the adverse orders passed by reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l agreement on return of loan has been deliberately omitted from the relief clause. In our view, the present plaint is liable to rejection, if not on the ground that it does not disclose 'cause of action', on the ground that from the averments in the plaint, the suit is apparently barred by law within the meaning of Clause (d) of Order VII, Rule 11 of Code of Civil Procedure. 16. The High Court does not seem to be right in rejecting the plaint on the ground that it does not disclose any 'cause of action'. In our view, the trial court was right in coming to the conclusion that accepting all averments in the plaint, the suit seems to be barred by limitation. On critical examination of the plaint as discussed by us above, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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