46. The Hon‟ble Supreme Court, in Mayar (H.K.) Ltd. (supra)4, further
observed in Paragraph No. 11 that under Order 7 Rule 11 of the
Code, the court has jurisdiction to reject the plaint where it does
3
Mayar (H.K.)
46. The Hon‟ble Supreme Court, in Mayar (H.K.) Ltd. (supra)4, further
observed in Paragraph No. 11 that under Order 7 Rule 11 of the
Code, the court has jurisdiction to reject the plaint where it does
3
Mayar (H.K.)
b) ILR 2019 KAR 4739 (between M/s. Durga
Projects and Infrastructure Pvt. Ltd. vs. Sri.S.Rajagopala
Reddy and Others in CRP.No.168/2019 c/w etc. decided
on 5th day of July, 2019 before his Lordship Sreenivasa
Harish Kumar, J.) wherein he has drawn the attention of
this Court to the observations of the Hon'ble High Court of
Karnataka that;
33. M/s Durga Projects and Infrastructure Pvt. Ltd.,
Bengaluru v. Sri.S.Rajagopala Reddy and others reported in
[(2019) 04 KCCR 3891], the preliminary cause of action had been
shown to be 07.11.2019 and last cause of action was shown to be
25.08.2023, it does not necessarily imply that, last cause of action
would be the cause of action. Limitation period would commence from
the first cause of action. Once limitation period begins, it cannot be
stopped by any force except by the force of law. The relief of
Declaration sought i.e., the sale deeds are not binding is the primary
relief, without the grant of the primary relief the subsequent relief
seeking partition and separate possession cannot be granted.
Paragraph No.8 of the judgment cited supra is hereunder quoted
verbatim for easy reference:
4. The counsel also in support of his argument relied
upon the judgment reported in ILR (KAR)-2019-0-4739 in
case of Durga Projects and Infrastructure Pvt. Ltd Vs.
S.Rajagopala Reddy, wherein discussed in detail in paragraph
No.6 that in the background of well established principle that
only plaint must be seen for deciding an application under
Order 7 Rule 11 CPC, a question, whether these two
transactions can be considered? would obviously arise. As has
been pleaded by the plaintiff, if GPA was the only document
that came into existence on 23.01.2002, definitely, the
plaintiffs case that they are entitled to 1/3rd share in the suit
property becomes an issue to be decided after recording of
evidence, if not they must fail at the threshold. Now if para 10
of the plaint is meaningfully read, what the plaintiffs have
stated is that GPA is an independent transaction and no
consideration was paid for execution of the said GPA. That
means they do not want to state anything about agreement of
sale and affidavit. The plaint appears to have been drafted
cleverly suppressing the material facts.
It is also apt to refer to the
judgment of the High Court of Karnataka in M/s Durga
Projects and Infrastructure Pvt. Limited V. Sri. S
Rajagopala Reddy and others ILR 2019 KAR 4739, it is held
that the plaintiff is bound in law to disclose all the material
facts in terms of the Order 6 Rule 2 CPC and omission of a
single material fact leads to an incomplete cause of action
and such a case plaint becomes bad. If the plaintiff has not
disclosed the material facts which are necessary to fetch a
relief, then it amounts to non-disclosure of cause of action
as distinct from a defective cause of action. In the light of
the above principles it is clearly evident that the plaintiff
O.S. No.8094/2007
33
has failed to disclose the real cause of action to
demonstrate that his legal right to property has been
infringed by the defendant no.1 and consequently there is
an incomplete disclosure of cause of action in the plaint
visa-a-vis the sale deed dated 26.04.1990.