Document Fragment View
Fragment Information
Showing contexts for: Bogus will in M/S. Sree Surya Developers And ... vs N. Sailesh Prasad on 9 February, 2022Matching Fragments
3.3 It is submitted that in the present case as such the original plaintiff had already filed an application under Order XXIII Rule 3A before the same court which passed the consent Compromise Decree. It is submitted that in the present case even the original plaintiff has filed a first appeal under Order XLIII before the first Appellate court challenging the Compromise Decree. It is submitted that therefore as such the plaintiff has already availed the other remedies available to him. It is submitted that therefore the present suit is nothing but an abuse of process of law. It is submitted that in any case, the substantive independent suit questioning the Compromise Decree shall not be maintainable in view of Order XXIII Rule 3A CPC. 3.4 It is further submitted by Shri Rohatgi, learned Senior Advocate appearing on behalf of the appellant that in the present case the respondent No.1 herein – original plaintiff has indulged in clever drafting seeking one relief by way of drafting multiple prayers. It is submitted that the only relief that the plaintiff seeks is setting aside the Compromise Decree dated 13.01.2016 which he has sought by drafting multiple prayers in order to avoid the bar to suit envisaged under Order XXIII Rule 3A of CPC, which in other words is mere clever drafting. It is submitted that as held by this Court in a catena of decisions by mere clever drafting of the plaint, the plaintiff cannot be permitted to maintain the suit, which otherwise would not be maintainable and/or barred by any law. It is further observed and held by this Court that if clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage. Reliance is placed on the decisions of this Court in the case of T. Arivandandam Vs. T.V. Satyapal and Anr., (1977) 4 SCC 467; Madanuri Sri Rama Chandra Murthy Vs. Syed Jalal, (2017) 13 SCC 174; Canara Bank Vs. P. Selathal and Ors., (2020) 13 SCC 143; and Raghwendra Sharan Singh Vs. Ram Prasanna Singh, (2020) 16 SCC 601.
9. In view of the above decisions of this Court, the Trial Court was absolutely justified in rejecting the plaint on the ground that the suit for the reliefs sought challenging the Compromise Decree would not be maintainable.
10. Now, so far as the submission on behalf of the plaintiff that in the suit the plaintiff has not specifically prayed for setting aside the Compromise Decree and what is prayed is to declare that the Compromise Decree is not binding on him and that for the other reliefs sought, the suit would not be barred and still the suit would be maintainable is concerned, the aforesaid cannot be accepted. 10.1 As held by this Court in a catena of decisions right from 1977 that a mere clever drafting would not permit the plaintiff to make the suit maintainable which otherwise would not be maintainable and/or barred by law. It has been consistently held by this Court that if clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.