VidhiSangh

Supreme Court of India · 22/05/2025

VINOD INFRA DEVELOPERS LTD. versus MAHAVEER LUNIA & ORS.

[2025] 7 S.C.R. 190 · 2025 INSC 772

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Summary

A landowner company sued to declare void sale deeds executed in July 2022 by its former attorney-holder after the power of attorney and an unregistered agreement to sell of 2014, allegedly given as security for a loan, had been revoked. The High Court in revision rejected the plaint under Order VII Rule 11 CPC. The Supreme Court held that unregistered agreements to sell and powers of attorney confer no title or authority to convey, that the plaint raised triable issues of title and fraud, that a plaint cannot be rejected in part or where even one cause of action survives, and that the civil court's jurisdiction was not barred; the trial court's order dismissing the application was restored.

Issues

  1. Whether the High Court was justified in rejecting the plaint in its entirety under Order VII Rule 11 CPC when the suit rested on two distinct causes of action, including the execution of sale deeds after revocation of the power of attorney.
  2. Whether an unregistered agreement to sell and unregistered power of attorney could confer on the attorney-holder any title or authority to execute sale deeds of the immovable property.
  3. Whether Section 207 of the Rajasthan Tenancy Act, 1955 barred the civil court's jurisdiction over a suit concerning ownership, validity of sale deeds and declaration of title to agricultural land.
  4. Whether a plaint can be rejected at the threshold for insufficient court fee without affording the plaintiff an opportunity to make good the deficiency.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 31.01.2025 set aside and the Additional District Judge's order dismissing the Order VII Rule 11 application restored; the plaint to be taken on file and the suit to proceed in accordance with law uninfluenced by the observations in the judgment; parties to bear their own costs; connected applications closed.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 190.