Church of Christ

Charitable Trust & AMP

V. PONNIAMMAN
EDUCATIONAL TRUST
(2012) 8 SCC 706.
FATEMA LOKHANDWALA
 THE BEGINNING

1 2 3 4
What is order 7 Facts of the case Issues of the Judgement
rule 11 case
.

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Order 7 rule 11
The Civil Procedure Code, 1908, provides for the remedy of
rejection of plaint under Order VII Rule 11, on certain
specifically states grounds.
Order VII Rule 11 provides: "Court shall reject a plaint:
(A) where it does not disclose a cause of action;
(B) The relief claimed in the plaint is undervalued
(C) Where the relief claimed is properly valued but the plaint
is written upon paper insufficiently stamped
(D) Where suit is barred by law
(E) Where plaint is not filed in duplicate 
(F) Where plaint fails to comply with Order VII, Rule 9

3
 Facts of the case
• Property sold by 1st defendant to 2nd defendant
• 1st defendant issued and then revoked the power of attorney
• 2nd defendant failed to comply with the commitments made and 1st
defendant cancelled the agreement for sale.
• Questioning the said cancellation 2nd defendant instituted Civil suit
against 1st defendant
• In this suit injunction was granted restraining the 1st defendant from
alienating the property
• Later this suit was withdrawn by 2nd defendant

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 Facts of the case
• M/s Karthik Granites Pvt Ltd., a sister concern of the respondent herein
filed C.S. for specific performance of the agreement to sell the larger
extent of 56 grounds based on an alleged agreement entered into with the
2nd defendant which was dismissed as settled on the basis of the
Memorandum of Understanding (MoU).
• (MoU) was entered into between the respondent herein and 2nd defendant
in which 2nd defendant agreed to sell the remaining portion of the
property, viz., 28 grounds to the respondent.
• Again the plaintiff-respondent filed C.S. for specific performance of the
agreement
• The plaintiff- respondent also filed O.A. in the said suit praying for an
interim injunction restraining the defendants from, in any way, dealing
5 Presentation title 20XX
 Facts of the case
• The 1st defendant therein-the Society also filed an Application under
Order VII Rule 11 of the Code of Civil Procedure, 1908 praying for
rejection of the plaint.
• The plaintiff-respondent filed Application for amendment of the plaint.
• The learned single Judge of the High Court rejected the plaint insofar
as 1st defendant is concerned and directed that the suit can be
proceeded against the 2nd defendant. The applications filed by the
plaintiff-respondent for interim injunction and amendment of the
plaint were also rejected by the learned single Judge.

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 “ a) whether the learned single Judge of the High Court was
justified in ordering rejection of the
plaint insofar as the first defendant (appellant herein) is
concerned; and
b) whether the Division Bench of the High Court was right in
reversing the said decision?

”
ISSUES

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 Lets make it simpler:
CAUSE OF ESSENTIAL TO
IN ITS VERY NATURE IS CIVIL SUIT
ACTION A
This was
Suit cannot
Suit cannot concluded by O.7
SINGLE JUDGE proceed either for
proceed for rule 11, rule 14(1),
MAIN No cause of action injunction or
recovery of Rule 14(2), form
CONTENTIONS specific
money advanced no 47 and 48 in
performance
appendix A
Dismissed appeals
Rejected ALLOWED
DIVISION against order All this was filed
application for APPEAL
BENCH’S rejecting by plaintiff-
interim injunction AGAINST
DECISION application for respondent
also rejection of plaint
amendment

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9 Presentation title 20XX
 Order 7 rule 14 mandate
To provide documents base on which cause of action can be
seen
Only agreement between plaintiff and second defendant was
filed
No cause of action??
These documents were to be treated as a part of the plaint as being
the part of cause of action

Suit not to be proceeded

JUDGMENT The decision of single judge bench of HC was that suit

could not be proceeded for specific performance also

Division bench reversed the decision

Division bench failed to consider all the facts and
erroneously reversed the decision of single judge bench

Final decision?
Judgement by division bench was set aside and passed by single
judge of HC was restored and the civil appeal was allowed
 IMPORTANCE
Return of plaint is based on
Order 7 Rule 11 application can competency of court and Undervaluing of claim,
be filed at any stage and court Rejection of plaint is based on insufficient stamping are a
has to dispose the same before competency of plaint few grounds on which civil
proceeding the trial suit is barred

Plaint can be rejected on various Few suits barred by law are:

grounds like taxation matters
a. Barred by law Habeas corpus petitions etc.
b. Barred by limitation etc.
Thank you