Sri Uday Shankar Prasad vs Ravi Kumar Agrawal on 7 April, 2026

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    Patna High Court – Orders

    Sri Uday Shankar Prasad vs Ravi Kumar Agrawal on 7 April, 2026

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          CIVIL REVISION No.85 of 2023
                     ======================================================
                     Sri Uday Shankar Prasad, male, aged about-85 years, Son of Late
                     Ramashankar Prasad Resident of Kotwali Chowk, P.S.-Town Naka no.5, P.O.-
                     Lalbagh, District-Darbhanga.
    
                                                                            ... ... Petitioner/s
                                                    Versus
               1.    Ravi Kumar Agrawal Son of Late Raghubir Prasad Resident of Mohalla-
                     Bela Garden, P.S.-L.N.M.U. Campus, District-Darbhanga.
               2.    Rajat Kumar Agrawal Son of Late Anand Bihari Prasad Resident of
                     Mohalla-Bela Garden, P.S.-L.N.M.U. Campus, District-Darbhanga.
               3.    Shailesh Shankar Son of Sri Uday Shankar Prasad Resident of Kotwali
                     Chowk, P.S.-Town, Naka no.5, P.O.-Lalbagh, District-Darbhanga.
               4.    Ritesh Shankar Son of Sri Uday Shankar Prasad Resident of Kotwali
                     Chowk, P.S.-Town, Naka no.5, P.O.-Lalbagh, District-Darbhanga.
    
                                                               ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s   :     Mr. Alok Kumar Sinha, Advocate
                     For the Respondent/s   :     Mr. Arvind Kumar, Advocate
                 ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                                 CAV ORDER
    
    8   07-04-2026

    Heard learned counsel for the petitioner as well as

    learned counsel for the respondents.

    SPONSORED

    2. This Civil Revision application has been filed

    under Section 115 of the Code of Civil Procedure,1908

    (hereinafter referred to as ‘CPC‘) against the order dated

    06.05.2023 passed by the in Title Suit No.530 of 2017 dated

    16.12.2017 whereby and where under the petition dated

    22.11.2019 filed on behalf of defendant/petitioner for rejection

    of plaint under Order VII Rule11of the CPC was rejected.
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    3. The facts of the case, in brief, is that the suit land is

    located at Mohalla Kotwali Chowk, Mishratola, Naka No. 05,

    P.S.-Town, Tauzi No. 3331, District-Darbhanga. The detailed

    description of the said land has been provided in Schedule I and

    Schedule II of the plaint. The aforesaid Title Suit No. 530 of

    2017, instituted on 16.12.2017, has been filed under Section 38

    of the Specific Relief Act, inter alia, seeking a decree for

    permanent injunction restraining the defendants in any manner,

    from dispossessing the plaintiffs from the suit property, or

    selling the same to any person, or creating any obstruction in the

    running of the Mahamaya Cinema Hall/Crez Cinema

    (hereinafter referred to as ‘Cinema Hall’) situated on the suit

    property, otherwise than in due course of law. Moreover, during

    the pendency of the suit, the defendants be restrained from

    interfering with the possession of Plaintiff No. 1 in respect of

    the suit property by directing the parties to maintain status quo,

    if the circumstances so require.

    4. The case of the opposite parties, as articulated in

    their rejoinder dated 14.02.2020, is that the application filed by

    Defendant No. 1 is misconceived, vexatious, and devoid of

    merit, having been instituted with an ulterior motive to delay the

    proceedings. The plaint clearly discloses a complete and
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    subsisting cause of action, comprising a bundle of material facts

    entitling the plaintiffs to seek protection of their possession

    through a decree of permanent injunction. The plaintiffs have

    further submitted that the issue of valuation of the suit property

    is not a pure question of law but a mixed question of law and

    fact, which cannot be adjudicated at the threshold under Order

    VII Rule 11 of the CPC and must necessarily be determined

    upon evidence during trial. Further the defendant, having

    already filed his written statement without raising such

    objections at the appropriate stage, is estopped from pleading

    the same at later stage. The plaintiffs have thus maintained that

    none of the grounds enumerated under Order VII Rule 11 of the

    CPC are attracted in the present case, and accordingly, the

    application for rejection of plaint is liable to be dismissed with

    costs.

    5. Upon consideration of the facts and circumstances

    of the case, the learned Trial Court in the petition filed by the

    defendants dated 22.11.2019 rejected the same vide order dated

    09.08.2017. Aggrieved by the impugned order the petitioner has

    preferred this Civil Revision application before this Court,

    assailing the legality, propriety and correctness of the said order

    on the ground that the learned Trial Court has failed to properly
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    appreciate the mandatory provisions of law and has exercised

    jurisdiction with material irregularity.

    6. Learned counsel for the petitioner submitted that

    the impugned order suffers from patent jurisdictional error

    inasmuch as the learned Trial Court has failed to exercise

    jurisdiction vested in it by law. It is submitted that the plaint,

    prima facie is liable to be rejected under Order VII Rule 11(a)

    and (b) of the CPC. It is further submitted that the suit has been

    deliberately undervalued by showing the valuation at Rs.

    1,51,000/-, whereas the suit property, being a commercial

    property situated in an urban area, has a market value of

    approximately Rs. 4,50,00,000/- as per prevailing market rates.

    Such undervaluation, directly affects the pecuniary jurisdiction

    of the court and renders the plaint liable to be rejected.

    6.i. He further submitted that the plaint does not

    disclose any subsisting cause of action, inasmuch as the very

    basis of the plaintiff’s claim, namely, the functioning of the

    cinema hall, stood extinguished upon suspension of its license

    by the Collector, Darbhanga vide order dated 30.12.2017. In

    such circumstances, the averments in the plaint are asserted to

    be illusory and devoid of legal substance and therefore, the

    learned Trial Court has acted with material irregularity in
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    refusing to reject the plaint and the impugned order is liable to

    be set aside.

    6.ii. In order to support of the aforesaid submissions,

    learned counsel for the petitioners has placed reliance upon the

    judgment of the Hon’ble Apex Court in the case of Sopan

    Sukhdeo Sable and ors. V. Assistant Charity Commissioner

    and ors. reported in (2004) 3 SCC 137 and the relevant para

    read as:

    20. “Rule 11 of Order VII lays down an
    independent remedy made available to the
    defendant to challenge the maintainability
    of the suit itself, irrespective of his right to
    contest the same on merits. The law
    ostensibly does not contemplate at any
    stage when the objections can be raised,
    and also does not say in express terms
    about the filing of a written statement.

    Instead, the word ‘shall’ is used clearly
    implying thereby that it casts a duty on the
    Court to perform its obligations in rejecting
    the plaint when the same is hit by any of the
    infirmities provided in the four clauses of
    Rule 11, even without intervention of the
    defendant.”

    6.iii. In order to support his argument Learned

    counsel for the petitioner placed reliance on the judgment of the

    Hon’ble Apex Court in Hardesh Ores Pvt. Ltd. Versus Hede

    and Co. reported in (2007) 5 SCC 614 in which it has been held
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    that:

    “the provision of Order VII Rule11 of the
    CPC
    is mandatory in nature. It states that
    the plaint shall be rejected if any of the
    grounds specified in Clause(a) to (e) are
    made out. If the court finds that the plaint
    does not disclose a cause of action or that
    the suit is barred by any law the court has
    no option but to reject the plaint.”

    Furthermore he relied on the judgment of the Hon’ble Apex

    Court in Azhar Hussain Vs. Rajiv Gandhi reported in 1986

    Supp. SCC 315 in which it has been held that:

    “the whole purpose of confinement of such
    power is to ensure that a litigation which is
    meaningless and bound to prove abortive
    should not be permitted to occupy the time
    of the court and exercise the mind of the
    respondent. The “Sword of Domocles” need
    not be kept hanging over his head
    unnecessarily without point or purpose.
    Even in ordinary civil litigation the court
    readily exercises the power to reject a
    plaint if dos not disclose any cause of
    action.”

    6.iv. He further placed reliance upon the judgement of

    the Hon’ble Apex Court in R.B.A.N.M.S. Educational

    Institution Versus B. Guna Shekar reported on 2025 INSC 490

    in which it has been held that:

    “We are conscious of principle that only
    averments in the plaint are to be considered
    under Order VII Rule11 CPC. while it is
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    true that defendant’s defense is not to be
    considered at this stage, this does not mean
    that the court must accept patently
    untenable claims or shut its eyes to settle
    principles of law and put the parties to
    trial, even in cases which are barred and
    cause of action is fictitious.” He lastly
    submitted that the relief sought for by the
    petitioner is absolutely bonafide and in
    accordance with law. The impugned order if
    allowed to stand would occasion failure of
    justice and cause irreparable injury to the
    petitioner. Therefore, the impugned order is
    bad in the eye of law and is liable to be set
    aside.”

    7. Per contra, learned counsel for the

    plaintiff/opposite parties has substantiated the impugned order

    and submitted that the application under Order VII Rule 11 of

    the CPC is wholly misconceived and not maintainable in the

    facts of the case. He further submitted that the question of

    valuation of the suit is not a pure question of law but a mixed

    question of law and fact, which cannot be adjudicated at the

    threshold stage without proper evaluation of evidences. It is

    further submitted that even assuming any defect in valuation,

    the same would not ipso facto warrant the rejection of the plaint.

    7.i. He further submitted that the existence of a cause

    of action is to be discerned upon a holistic and meaningful

    reading of the plaint as a whole, and not by isolating or
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    dissecting individual averments. In the present case, the plaint

    unequivocally discloses a complete bundle of material facts

    which, if taken at their face value, constitute a valid and

    subsisting cause of action for the relief of injunction as sought.

    It is a settled proposition of law that, at the stage of

    consideration under Order VII Rule 11 of the CPC, the Court is

    neither required nor permitted to adjudicate upon the veracity,

    sufficiency, or otherwise of the pleaded facts, as such an

    exercise falls strictly within the domain of trial.

    7.ii. In support of the aforesaid submissions, learned

    counsel for the opposite party has placed reliance upon the

    judgment of the Hon’ble Apex Court in Civil Appeal no. 12703-

    12704 of 2025 titled as Karam Singh Vs Amarjit Singh in

    which it has been held that “while considering rejection of the

    plaint thereunder only the averments made in the plaint and

    nothing else is to be considered to find out whether the suit is

    barred by law. At this stage, the defense is not to be considered.

    Thus, whether the suit is barred by any law or not is to be

    determined on the basis of averments made in the plaint.” He

    lastly submitted that learned Trial Court has exercised its

    jurisdiction in accordance with settled legal principles and has

    rightly rejected the application filed by the defendant/petitioner.
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    The impugned order, being well-reasoned and legally

    sustainable, does not warrant any interference in exercise of the

    limited revisional jurisdiction of this Hon’ble Court.

    8. Having considered the rival submissions advanced

    on behalf of the parties and have perused the materials available

    on record, including the impugned order and the order sheets of

    the learned Trial Court, the point that arises for determination in

    the present revision is “whether the learned Trial Court erred in

    law in rejecting the application under Order VII Rule 11 of the

    CPC seeking rejection of the plaint?”

    9. Before adverting to the rival contentions on merits,

    it would be apposite to notice the scope of interference in

    exercise of revisional jurisdiction under Section 115 of the CPC.

    This Court does not sit as a court of appeal over the order of the

    subordinate Court; interference is warranted only where the

    learned Trial Court has exercised a jurisdiction not vested in it

    by law, or has failed to exercise jurisdiction so vested, or has

    acted in the exercise of its jurisdiction illegally or with material

    irregularity. Thus, unless the finding recorded by the learned

    Trial Court is shown to suffer from a patent error of law or

    jurisdictional infirmity, this Court would be slow to substitute its

    own view merely because another view is possible.
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    10. The contours of revisional jurisdiction under

    Section 115 of the CPC have been authoritatively delineated by

    the Hon’ble Apex Court in Shiv Shakti Coop. Housing Society

    v. Swaraj Developers and Ors., reported in (2003) 6 SCC 659,

    wherein, it has been held that the revisional power is

    supervisory in nature and cannot be equated with appellate

    jurisdiction; interference is permissible only where the

    subordinate Court has acted without jurisdiction or with

    material irregularity in the exercise of such jurisdiction.

    Similarly, in Hindustan Petroleum Corporation Ltd. v.

    Dilbahar Singh, reported in (2014) 9 SCC 78, the Hon’ble Apex

    Court reiterated that re-appreciation of facts or substitution of a

    possible view is impermissible in revision unless the impugned

    order suffers from patent illegality or perversity.

    11. At this stage, it is apposite to reproduce the

    principles governing rejection of a plaint under Order VII Rule

    11 of the CPC which have been explained in the case of

    Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra) and Ors.,

    reported in (2020) 7 SCC 366 wherein the Hon’ble Apex Court

    has settled the principles and made the following observations:

    “12.6. 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
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    adverted to, or taken into consideration.

    “12.7. The test for exercising the power
    under Order VII Rule 11 is that if the
    averments made in the plaint are taken
    entirety, in conjunction with the documents
    relied upon, would the same result in a
    decree being passed”.

    “23.2. The remedy under Order 7 Rule 11 is
    an independent and special remedy,
    wherein the court is empowered to
    summarily dismiss a suit at the threshold,
    without proceeding to record evidence, and
    conducting a trial, on the basis of the
    evidence adduced, if it is satisfied that the
    action should be terminated on any of the
    grounds contained in this provision.
    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 adhered to.

    23.9. In exercise of power under this
    provision, the court would determine if the
    assertions made in the plaint are contrary
    to statutory law, or judicial dicta, for
    deciding whether a case for rejecting the
    plaint at the threshold is made out.
    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.
    [Sopan Sukhdeo Sable v. Charity Commr.,
    (2004) 3 SCC 137]
    23.12.
    In Hardesh Ores (P) Ltd. v. Hede &
    Co. [Hardesh Ores (P) Ltd.
    v. Hede & Co.,
    (2007) 5 SCC 614] the Court further held
    that it is not permissible to cull out a
    sentence or a passage, and to read it in
    isolation. It is the substance, and not merely
    the form, which has to be looked into. The
    plaint has to be construed as it stands,
    without addition or subtraction of words. If
    the allegations in the plaint prima facie
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    show a cause of action, the court cannot
    embark upon an enquiry whether the
    allegations are true in fact. D.
    Ramachandran v. R.V. Janakiraman [D.
    Ramachandran
    v. R.V. Janakiraman, (1999)
    3 SCC 267; See also Vijay Pratap Singh v.

    Dukh Haran Nath Singh, AIR 1962 SC
    941].

    23.13. If on a meaningful reading of the
    plaint, it is found that the suit is manifestly.
    vexatious and without any merit, and does
    not disclose a right to sue, the court would
    be justified in exercising the power under
    Order 7 Rule 11 CPC.

    23.15. The provision of Order 7 Rule 11 is
    mandatory in nature. It states that the plaint
    “shall” be rejected if any of the grounds
    specified in clauses (a) to (e) are made out.

    If the court finds that the plaint does not
    disclose a cause of action, or that the suit is
    barred by any law, the court has no option,
    but to reject the plaint.”

    12. Upon overall consideration of the pleadings of the

    parties and the grounds urged in the application under Order VII

    Rule 11 of the CPC, this Court finds that the issue raised by the

    petitioner involves disputed questions regarding suspension of

    the license of cinema hall and valuation of the suit in Title Suit

    No. 530 of 2017, alleged absence of cause of action. In view

    thereof, determination of these issues would necessarily require

    examination of pleadings of both suits, scrutiny of documents,

    and appreciation of evidence with respect to interference in

    possession, valuation of suit and suspension of the license of
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    cinema hall. Such matters cannot be conclusively adjudicated

    merely on a reading of the plaint and undoubtedly constitute

    mixed questions of law and fact. The scope of Order VII Rule

    11 of the CPC being limited and summary in nature, the learned

    Trial Court has rightly refrained from embarking upon a detailed

    inquiry at the threshold stage.

    13. It is well settled law that the scope of interference

    under Order VII Rule 11 of the CPC is limited. At the stage of

    considering an application under Order VII Rule 11 of the CPC,

    the Court is required to confine its consideration to the

    averments made in the plaint and the documents relied upon

    therein. The defence taken by the defendant or disputed

    questions of fact cannot be gone into at this stage. In so far as

    the objection regarding absence of cause of action is concerned,

    the test to be applied is whether the plaint, on a meaningful

    reading, discloses a bundle of facts which, if proved, would

    entitle the plaintiff to the relief claimed. In the present case, the

    plaint contains averments relating to possession and alleged

    interference by the defendants. Such averments, prima facie

    constitute a cause of action for a suit seeking injunction.

    14. Upon Consideration it further appears, the

    submission advanced on behalf of the petitioner that the
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    suspension of the license of cinema hall pursuant to the order

    dated 30.12.2017 extinguishes the cause of action cannot be

    accepted at this stage. The said plea essentially introduces a

    defence based on disputed facts, which does not emanate from

    the averments made in the plaint and, therefore, cannot be

    considered while deciding an application under Order VII Rule

    11 of the CPC. It is well settled that, for the purposes of Order

    VII Rule 11of the CPC, the Court is required to confine itself

    strictly to the pleadings in the plaint and assume the same to be

    correct, without embarking upon an enquiry into their

    truthfulness or otherwise. The alleged suspension of licence and

    its legal effect on the plaintiff’s rights are matters which would

    require evidence and adjudication at the stage of trial, and

    cannot be conclusively determined at the threshold.

    Furthermore, the plaint contains specific assertions regarding

    possession and alleged interference by the defendants, which

    prima facie, constitute a cause of action for seeking injunction.

    The defence sought to be raised by the petitioner cannot be used

    to displace such averments at this preliminary stage.

    Accordingly, the said contention falls outside the limited scope

    of inquiry under Order VII Rule 11 of the CPC and does not

    warrant rejection of the plaint.

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    15. In the considered view of this Court, The

    objection relating to undervaluation of the suit does not justify

    rejection of the plaint under Order VII Rule 11 of the CPC at the

    threshold. The determination of proper valuation, particularly in

    a suit for injunction, is not a purely legal domain but involves

    consideration of relevant factual aspects and applicable

    principles governing valuation of such reliefs. Order VII Rule

    11(b) of the CPC clearly postulates that where a plaint is found

    to be undervalued, the Court is required, in the first instance, to

    afford an opportunity to the plaintiff to correct the valuation

    within a time to be fixed. Rejection of the plaint is contemplated

    only upon failure to comply with such direction. Thus, the

    statutory provision itself indicates that rejection is not an

    immediate consequence of an objection to valuation. In the

    absence of any finding that the valuation is ex facie arbitrary or

    contrary to any statutory provision, or that the plaintiff has

    failed to rectify the same despite a specific direction of the

    Court, the power of rejection of plaint cannot be invoked. The

    issue raised, therefore, does not fall within the limited scope of

    inquiry under Order VII Rule 11 of the CPC and has rightly not

    been accepted as a ground for rejection at this stage.

    16. In view of the aforesaid analysis, this Court is of
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    the considered opinion that the learned Trial Court has not

    committed any jurisdictional error, illegality, or material

    irregularity in rejecting the application under Order VII Rule 11

    of the CPC.

    17. In view of the settled legal position that rejection

    of plaint under Order VII Rule 11 of the CPC is a drastic power

    to be exercised sparingly and only when the plaint, on the face

    of it, is barred by any law, this Court finds that the learned Trial

    Court has rightly refused to reject the plaint. The impugned

    order does not suffer from any jurisdictional error or material

    irregularity warranting interference in revisional jurisdiction.

    Accordingly, this Court is not inclined to interfere with the order

    under challenge, and the present civil revision application is

    liable to be dismissed.

    18. As settled above that in revisional jurisdiction,

    interference is warranted only when the Subordinate Court has

    exercised the jurisdiction not vested in it, failed to exercise

    jurisdiction so vested, or acted with material irregularity. The

    impugned order, though concise, reflects consideration of the

    relevant aspects and does not suffer from jurisdictional error or

    perversity so as to warrant interference under Section 115 of the

    CPC. Since the plaint, on its face, discloses triable issues
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    requiring adjudication after full-fledged trial and evaluation of

    evidences, this Court is of the considered view that no such

    ground is made out to invoke the revisional power of this Court.

    19. Accordingly, the present Civil Revision No. 85 of

    2023 stands dismissed.

    20. There shall be no order as to costs.

    (Ramesh Chand Malviya, J)
    Harshita/-

    U



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