Recently, the Delhi High Court stepped in to examine whether a property dispute could be shut out at the very first hearing by delving into contested facts. The Court was dealing with an appeal challenging the rejection of a plaint under Order VII Rule 11 CPC, raising important questions about the cause of action, scope of judicial scrutiny at the threshold stage, and misuse of preliminary objections to short-circuit trials.
The case arose when the plaintiff instituted a civil suit asserting rights over an undivided portion of the roof and terrace of a residential property in South Delhi, seeking a declaration along with permanent and mandatory injunctions to safeguard possession. However, on the very first date of hearing, the suit was rejected, with the Single Judge holding that the claim was barred under Section 34 of the Specific Relief Act, that a prior partition had already demarcated the parties’ rights, and that no cause of action survived.
Challenging this approach, counsel for the appellant contended that the rejection rested on disputed questions of fact and defence pleas which could not be adjudicated without evidence, whereas the respondents maintained that the property stood conclusively partitioned, leaving no triable issue for adjudication.
Setting aside the rejection, the Division Bench delivered a sharp reminder on the narrow contours of Order VII Rule 11 CPC. The Court underlined that, at this stage, courts must confine themselves strictly to the plaint and documents relied upon by the plaintiff, without venturing into the defence. Drawing a clear distinction, the Bench observed that there is a vital difference between “non-disclosure of a cause of action” and an assessment of whether the cause of action is likely to succeed, an exercise impermissible at the threshold.
The Court further held that disputed issues relating to partition deeds, demarcation of terrace rights, and applicability of Section 44 of the Transfer of Property Act involved mixed questions of law and fact that could only be adjudicated after evidence. Notably, it found that the bar under Section 34 of the Specific Relief Act was wrongly invoked, as the plaintiff had sought consequential reliefs along with a declaration.
Consequently, the Court allowed the appeal, set aside the impugned order, and restored the plaint to its original number for adjudication on merits.
Case Title: Ashish Kumar v. Smt. Kamini Kumar & Ors.
Case No.: RFA(OS) 8/2025
Coram: Hon’ble Mr. Justice Anil Kshetarpal and Hon’ble Mr. Justice Harish Vaidyanathan Shankar
Advocate for the Appellant: Advs. Sujeet Kumar Mishra, Harsh Kumar Pandey
Advocate for the Respondent: Sr. Adv. Ashim Vachher, Advs. Manpreet Kaur, Saiba Meher Rajpal, Pankaj Balwan, Utkarsh
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