VidhiSangh

Supreme Court of India · 31/10/2023

KUM. GEETHA, D/O LATE KRISHNA & ORS. versus NANJUNDASWAMY & ORS.

[2023] 14 S.C.R. 153 · 2023 INSC 964

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Summary

The Supreme Court restored the partition suit in respect of Schedule A property and dismissed the application for rejection of the plaint. Read as a whole and assumed true at that stage, the pleaded nominal sales, reconveyances and continued joint-family possession disclosed a cause of action. The High Court improperly prejudged disputed merits. Independently, Order VII Rule 11 does not permit rejection of only part of a plaint.

Issues

  1. Whether the partition plaint disclosed a cause of action despite the pleaded earlier sale.
  2. Whether a plaint could be rejected only for one schedule of properties.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside, rejection application dismissed and suit restored for Schedule A as well. Expeditious trial requested because of the suit’s age; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 153.