Apeejay House Pvt. Ltd. vs Punjab National Bank on 15 January, 2007
19. Next comes the question of compliance with the stipulations of Clause (f) of Order 7 Rule 1. Under this rule, the plaint is to contain particulars concerning facts showing that this Court has jurisdiction. The suit, out of which the present proceeding arises is for a decree of "khas and vacant possession" of the premises which forms the subject-matter of the suit. In first paragraph of the plaint itself, the particulars of the property has been given, and it has been specified that the property is "within the aforesaid jurisdiction", implying the property is situated within the Ordinary Original Civil Jurisdiction of this Court, and valuation of this suit has been made beyond rupees fifty lacs. The present suit is thus a "suit for land" and this brings the suit exclusively within the Ordinary Original Civil Jurisdiction of this Court. Though the decision in the case of Kalyani (supra) was delivered in a case relating to stipulation concerning statement as regards the date on which the cause of action of the suit arose, the observations made in that case as to the manner in which the disclosure shall be made in the plaint applies to the other sub-rules of Rule 1 of Order 7 of the Code. Paragraph 4 of Form No. 1 of plaints as contained in Appendix A to the Code also covers this aspect of pleading. Applying the ratio of that judgment, and for the reasons discussed in the preceding paragraph of this judgment, I am also satisfied that the requirement of Rule 1(f) of Order 7 also stands complied with in the plaint in question.