“a Plaint Can Be Rejected Under Order Vii Rule Xi(a) And (d) Of The Cpc If It Is Vexatious, Illusory, Or Barred By Limitation”- Supreme Court In The Case Of Ramisetty Venkatanna Vs Nasyam Jamal Saheb

WHAT IS THIS CASE ABOUT 

Nasyam Jamal Saheb owned 4 acres 16 cents of land in Andhra Pradesh. After his death, the property was partitioned between his five children (Nasyam Jafar Saheb, Nasyam Dasthagiri Saheb, Nasyam Ibrahim Saheb, Sarambee, and Jainabee). Sarambee executed a registered gift deed for her eldest daughter Kareembee and gifted the remaining to her other daughter Ashabee and her two sons. The land was further partitioned by the three sons of Ashabee. After the demise of Kareembee, her three sons partitioned the land, and two of her sons sold the land. In 2011, the third son of Kareembee filed a suit to seek partition and separate possession of the property, which was referred to the Lok Adalat and settled. In 2013, the Nandyal Municipality initiated a road-widening program where the appellant's land was affected. The appellants executed a registered gift deed in favor of the municipality, and subsequently, the respondents initiated a suit declaring the title of the plaintiffs to the suit property. The appellants filed the present case when their application to reject the plaint in the exercise of powers under Order VII Rule XI(a) and (d) of CPC was dismissed by the High Court of Andhra Pradesh.

CONTENTIONS OF THE PARTIES 

Counsels representing the appellants contended that the dismissal of the application was a grave error on the part of the Trial court and High court. It was submitted that the suit was barred by limitation as it was filed 61 years after the deed was executed, and hence the plaint should be rejected. The counsels representing the respondents submitted that the dispute concerned is limited to the wrong survey number mentioned therein concerning the share of Nasyam Ibrahim, Sarambee, and Jainabee.

OBSERVATIONS OF THE COURT 

The Supreme Court quashed and set aside the order passed by the trial court and high court as it was not maintainable. The bench consisting of Justice MR Shah and Justice CT Ravikumar held that a plaint can be rejected under Order VII Rule XI(a) and (d) of the CPC if it is vexatious, illusory, or barred by limitation. The bench also pointed out that the plaintiffs have cleverly not prayed for any relief for the partition deed to evade the provision of the limitation act.

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