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The Supreme Court held that a trial court rejecting a plaint under Order VII Rule 11 CPC must expressly indicate the specific clause invoked and undertake a meaningful reading of the pleadings. The suit, which alleged a registered sale deed was in substance a mortgage by conditional sale, has been restored for trial on merits.
The Madras HC set aside a trial court order returning an unnumbered plaint in an adverse possession suit against a TN Land Encroachment Act notice, holding courts must first number the plaint and hear the plaintiff on maintainability under Order VII Rule 11 CPC - a jurisdictional bar cannot justify bypassing this mandatory procedure.
Madras HC holds defendants lack locus to challenge GPA execution under Order VII Rule 11 CPC as strangers to the instrument. Foreign notary authentication upheld under Section 14 Notaries Act without reciprocity; GPA not compulsorily attestable. Date ambiguity resolved via notary seal evidence.
The court held that limitation under Article 58 for challenging registered settlement deeds begins from the registration date, as Section 3 TPA deems constructive notice to all parties. A plaintiff residing with the executants cannot claim ignorance of deeds registered in 2004 and 2009 until filing suit in 2024. The ruling reinforces that registered documents impart immediate legal knowledge regardless of actual awareness.
The Delhi High Court restored a specific performance suit dismissed under Order VII Rule 11(d), holding an unregistered agreement to sell admissible under Section 49's proviso where full consideration was paid and possession delivered. Stamp duty deficiency is curable by paying a 10x penalty, ensuring the suit proceeds on merits rather than technical dismissal.
An oral, temporary settlement among co-owners does not meet the legal definition of a partition, so the Delhi High Court allowed a fresh partition suit despite earlier compromise orders. The decision confirms informal compromises cannot bar new partition actions under Order VII Rule 11 CPC, affecting joint-family property litigants.
The Delhi High Court ruled that TDS deductions on interest payments count as acknowledgment of debt, thereby extending the Limitation Act’s three-year period to the date of the last TDS deduction. Consequently, loan-recovery suits remain actionable beyond the usual limitation when TDS is continuously deducted.
The Delhi High Court ruled that the 2026 amendment to Section 96 of the IBC operates retrospectively, extinguishing the interim-moratorium bar for personal guarantors. Consequently, suits against guarantors can proceed despite a pending moratorium. This decision broadens creditors' enforcement options in ongoing insolvency proceedings.
The Jammu & Kashmir High Court ruled that an Order VII Rule 11 application to dismiss a civil suit must be decided solely on the pleadings, not on the defendant society’s de-registration. This safeguards plaintiffs from dismissal merely because the opponent lacks current registration and clarifies locus-standi under the CPC.
Madras High Court holds that civil courts lack jurisdiction to entertain suits for injunction where statutory notices under Sections 6 and 7 of the Land Encroachment Act, 1905, are pending. Suppression of such notices by the plaintiff constitutes abuse of process, invoking the doctrine of unclean hands and barring civil court intervention.
The Bombay High Court ruled that when a plaint is challenged under Order VII Rule 11 for technical defects-such as inadequate court fee or lack of positive declaration-the court must first allow amendment rather than reject the suit outright. This procedural safeguard prevents unnecessary re-filing, reduces litigation burden, and protects plaintiffs from being penalized for curable formalities, reinforcing procedural justice in civil litigation.
Orissa High Court rules that substitution of legal heirs under Order 22 CPC does not reset the limitation period for a suit. The original filing date remains valid if the suit was instituted within time, ensuring continuity of proceedings without granting a fresh limitation window.
Supreme Court holds Wakf Tribunal can adjudicate disputes only over properties listed in official auqaf list or registered under Chapter V, not on mere user or unregistered claims.