Law: Specific Relief Act, 1877

Section: 39,42,54

Law: Civil Procedure Code (V of 1908)

Section: 11

Specific Relief Act (I of 1877)--- ----Ss.39, 42 & 54---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration, cancellation, partition, specific performance and injunction---Cause of action---Lacking jurisdiction---Plaintiffs instituted suit for declaration, cancellation, partition, specific performance and injunction with the assertion that the property in dispute was purchased by the predecessor-in-interest of plaintiff vide agreement, however, subsequently the said agreement was not acted upon---Suit was contested by means of filing separate written statement on legal as well as factual grounds---During the pendency of suit, the petitioners applied for rejection of plaint through an application under O.VII, R.11, C.P.C., raising the plea that the so-called agreement had no connection with the property in dispute---Said application was allowed and plaint was rejected---In appeal, the order was set-aside and the case was remanded to the Trial Court for deciding in accordance with law---Validity---After going through the pleadings of the parties, it appeared that there was a title dispute between the parties and serious disputed questions of facts were involved in the matter in respect of ownership of the property in dispute---Genuineness of the alleged agreement required evidence and without recording of evidence the dispute between the parties could not be resolved---In case of the controversial question of facts or law provisions of O. VIl, R. 11, C.P.C., could not be invoked rather proper course for the Court in such cases was to frame issues on such questions and decide the same on merits in the light of the evidence---Matter with regard to the rejection of the plaint was previously raised in the first round of litigation and the application under O.VII, R.11, C.P.C., was dismissed whereafter the same was assailed before High Court by the parties in Civil Revision and thus High Court disposed of both the Civil Revisions by a common judgment---As per observations and directions of this Court, all the disputed questions of fact and law were directed to be resolved on merits, but the Trial Court had not considered that aspect of the…

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