section 185

“Order 7 Rule 11 of the Civil Procedure Code contemplates that where the suit appears from the averments made in the plaint to be barred by any law, then the plaint can be rejected. The legal position is that to decide whether a plaint is laible to be rejected under Order 7 Rule 11, averments in the plaint have to be read without looking at the CS(OS) No. 2191 of 2007 Page 4 of 10 defence and thereupon it has to be seen whether on the averments made in the plaint under Order 7 Rule 11 of the Code of Civil Procedure gets attracted. For rejection of the plaint under Order 7 Rule 11 the averments in the plaint should be unequivocal, categorical and specific leading to only conclusion that the plaint is barred………………”= In the context of Section 185 of the DLR Act, Supreme Court in Gaon Sabha and Anr. Vs. Nathi and Ors. (2004) 12 SCC 555 has held as under:- “The legal position is therefore absolutely clear and there cannot be even a slightest doubt that the civil court had no jurisdiction to entertain the suit which was filed seeking a declaration that the order of CS(OS) No. 2191 of 2007 Page 9 of 10 vesting of land in Gaon Sabha is illegal

CS(OS) No. 2191 of 2007 Page 1 of 10 $~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2191/2007 and IA No. 7454/2009 (u/O 7 R 11 r/w Sec. 151 CPC) Decided on: 28th November, 2011 SMT. USHA GUPTA ….. Plaintiff Through : Mr. M.F. Khan and Mr. G.S. Chauhan, Adv. for … Continue reading →