Master Yuvraj Malhotra (Minor) And … vs Smt Kanchan Malhotra And Others on 17 March, 2026

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    Master Yuvraj Malhotra (Minor) And … vs Smt Kanchan Malhotra And Others on 17 March, 2026

                              $~24
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         CS(OS) 597/2025, I.A. 21643/2025, I.A. 21644/2025,                                     I.A.
                                        21645/2025, I.A. 21648/2025 & I.A. 25090/2025
    
                                        MASTER YUVRAJ MALHOTRA (MINOR) AND ANOTHER
                                                                                     .....Plaintiffs
                                                    Through: Mr. Deepak Dhingra & Ms. Sneh
                                                             Somani, Advs. (through VC)
                                                    versus
    
                                        SMT KANCHAN MALHOTRA AND OTHERS              .....Defendants
                                                     Through: Ms. Tanishka, Adv. (through VC)
                                        CORAM:
                                        HON'BLE MR. JUSTICE AVNEESH JHINGAN
                                                                      ORDER
    

    % 17.03.2026
    I.A. 25090/2025

    1. This application under Order VII Rule 11 of the Code of Civil
    Procedure
    , 1908 (for short „CPC‟) is filed by defendant nos.1 and 2 seeking
    rejection of the plaint.

    SPONSORED

    2. The brief facts are that the plaintiffs i.e. the minor child through his
    natural mother and legal guardian (hereinafter „the minor‟) and the mother
    of the minor have filed a suit for partition of the property constructed on Plot
    bearing No.A-3/35, Janakpuri, New Delhi, 110058 comprising of the
    basement of 300 sq. yards, first floor, second floor and terrace constructed
    on 150 sq. yards (hereinafter „the suit property‟).

    3. Further prayer is for rendition of accounts and to render true accounts
    of all rentals/profits accrued from the suit property from the date of the death
    of the grandfather of the minor till filing of the suit and direct that the

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    plaintiffs shall be entitled to their proportionate shares in the rental/profits
    accrued from the suit property along with interest.

    4. Learned counsel for the applicants/defendant nos.1 and 2 argues that
    the plaintiff no.2 is not the legal guardian. She had left the minor after six
    months of death of her husband and remarried. She is residing with her
    husband for the last ten years but the minor is residing with the maternal
    grandmother. The contention is that the suit property has not been properly
    described in the plaint. Lastly, that the claim for the proportionate
    rentals/profits accrued from the suit property is time barred.

    5. Per contra, the scope of interference under Order VII Rule 11 CPC is
    limited. At this stage, Court cannot travel beyond the pleadings in the plaint.
    The submission is that the plaintiff no.1 is a minor and the suit has been
    filed through his mother who is a natural guardian and the next friend. The
    contention that the suit property has not been properly described in the plaint
    is refuted. The argument that the claim for the rentals/profits accrued from
    the suit property is time barred is contested stating that the prayer is for
    rendition of accounts and thereafter a declaration that the plaintiffs are
    entitled to their proportionate share in the rentals/profits accrued from the
    suit property. The argument is that the cause of action arose only when the
    differences arose between the parties.

    6. The law is well settled that while deciding an application under Order
    VII Rule 11 CPC
    the court has to restrict to the pleadings in the plaint and
    the averments therein are taken to be correct. At this stage, the court is not
    required to weigh the contentions of the defendants as the same are
    immaterial. The plea of knowledge at a particular time giving rise to the
    cause of action is to be accepted. Reference in this regard can be made to the

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 19/03/2026 at 20:55:36
    following judgements of the Supreme Court:-

    6.1 In Uma Devi & Ors. v. Anand Kumar & Ors. 2025 INSC 434 it
    was held:

    “15. In Madanuri Sri Rama Chandra Murthy v. Syed Jalal (2017)
    13 SCC 174, this court laid down the scope of Order 7 Rule 11
    CPC
    :

    7. The plaint can be rejected under Order VII Rule 11 if
    conditions enumerated in the said provision are fulfilled. It
    is needless to observe that the power under Order VII Rule
    11, CPC can be exercised by the Court at any stage of the
    suit. The relevant facts which need to be looked into for
    deciding the application are the averments of the plaint
    only. If on an entire and meaningful reading of the plaint,
    it is found that the suit is manifestly vexatious and
    meritless in the sense of not disclosing any right to sue, the
    court should exercise power under Order VII Rule 11,
    CPC. Since the power conferred on the Court to terminate
    civil action at the threshold is drastic, the conditions
    enumerated under Order VII Rule 11 of CPC to the
    exercise of power of rejection of plaint have to be strictly
    adhered to. The averments of the plaint have to be read as
    a whole to find out whether the averments disclose a cause
    of action or whether the suit is barred by any law. It is
    needless to observe that the question as to whether the suit
    is barred by any law, would always depend upon the facts
    and circumstances of each case. The averments in the
    written statement as well as the contentions of the
    defendant are wholly immaterial while considering the
    prayer of the defendant for rejection of the plaint…….”

    6.2 In Dahiben v. Arvindbhai Kalyanji Bhanusali (2020) 7 SCC 366 it
    was held:

    “23.5. The power conferred on the court to terminate a
    civil action is, however, a drastic one, and the conditions
    enumerated in Order 7 Rule 11 are required to be strictly

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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    adhered to.

    23.6. Under Order 7 Rule 11, a duty is cast on the court to
    determine whether the plaint discloses a cause of action by
    scrutinising the averments in the plaint [Liverpool &
    London S.P. & I Assn. Ltd. v. M.V. Sea Success I
    , (2004) 9
    SCC 512] , read in conjunction with the documents relied
    upon, or whether the suit is barred by any law.

    xxx xxx xxx
    23.10. At this stage, the pleas taken by the defendant in the
    written statement and application for rejection of the plaint
    on the merits, would be irrelevant, and cannot be adverted
    to, or taken into consideration.4″

    6.3 In Salim D. Agboatwala v. Shamalji Oddhavji Thakkar (2021) 17
    SCC 100 it was held:

    “11. As observed by this Court in P.V. Guru Raj
    Reddy v. P. Neeradha Reddy [P.V. Guru Raj Reddy
    v. P.
    Neeradha Reddy, (2015) 8 SCC 331 : (2015) 4 SCC (Civ)
    100] , the rejection of plaint under Order 7 Rule 11 is a
    drastic power conferred on the court to terminate a civil
    action at the threshold. Therefore, the conditions precedent
    to the exercise of the power are stringent and it is
    especially so when rejection of plaint is sought on the
    ground of limitation. When a plaintiff claims that he
    gained knowledge of the essential facts giving rise to the
    cause of action only at a particular point of time, the same
    has to be accepted at the stage of considering the
    application under Order 7 Rule 11.”

    7. The factum of the plaintiff no.2 being the biological mother of
    plaintiff no.1 is not in dispute, she continues to be the natural guardian and
    has been so pleaded. The relevance of the factum of the plaintiff no.2
    remarrying and the minor staying with the maternal grandmother shall be

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 19/03/2026 at 20:55:36
    considered by the civil court at an appropriate stage and cannot be a ground
    for rejection of the plaint under Order VII Rule 11 CPC.

    8. The objection that the suit property has not been properly described is
    ill-founded. The relevant portion of paragraph 3 of the suit is as follows:

    “3. The Plaintiffs seek partition of property bearing No. A-
    3/35 (Half Portion on its left side), Janakpuri, New Delhi
    110058, total admeasuring 300 sq. yds. During life time of the
    grandfather of the Plaintiff no. 1, late Shri Satish Kumar, he
    sold out the right side of the property to various parties, which
    comprised of the ground floor, first floor, second floor and the
    roof top open to sky. The left side of the property of which the
    Plaintiffs seek partition and other reliefs comprises of
    basement which is constructed on the entire plot which
    admeasures 300 sq. yds and the first, second, and the top floor
    which have been constructed on 150 sq. yds. The grandfather
    of the Plaintiff no. 1 and ex-father-in law of Plaintiff no. 2,
    during his life time, constructed and sold the right-hand side
    portion comprising of only first, second, third floor and roof
    top open to sky and left behind the entire basement of 300 sq.
    yds, the first floor and the second floor and the top floor the
    remaining 150 sq. yds of which the Plaintiffs seek partition
    being entitled to 1/3rd share, the other legal heirs left behind by
    grandfather being his wife (grandmother of the Plaintiff no. 1
    and ex-mother-in – law of Plaintiff no. 2), and a daughter, the
    defendant no. 2 herein.”

    9. Lastly, the question of limitation is a mixed question of fact and law.
    Moreover, the prayer is for rendition of accounts and for direction to the
    defendants to produce the true accounts of the rentals/profits accrued from
    the suit property and thereafter a declaration is sought that the plaintiffs are
    entitled to their proportionate share and the accrued rentals/profits to be
    determined. This prayer is to be dealt after determining as to when the cause
    of action arose, this needs adducing of evidence and this question cannot be

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 19/03/2026 at 20:55:36
    gone into at the stage of deciding an application under Order VII Rule 11
    CPC
    .

    10. The present application lacks merit and consequently is dismissed.
    CS(OS) 597/2025, I.A. 21643/2025, I.A. 21644/2025, I.A. 21645/2025,
    I.A. 21648/2025 & I.A. 25090/2025

    11. Put up on 03.08.2026.

    AVNEESH JHINGAN, J
    MARCH 17, 2026
    ‘ha’

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 19/03/2026 at 20:55:36



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