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Sameer Singh & Anr vs Abdul Rab & Ors on 14 October, 2014
The other decision placed reliance is Sameer Singh
and Another Vs. Abdul Rab and Others , that availability of
alternative remedy of statutory appeal is not a ground always not
to exercise the power under Article 227 of the Constitution of India
and on facts the executing Court where does not adjudicate the lis
between the parties on the ground it has become functus officio
and when it pertains to jurisdictional error which is revisable
under Section 115 CPC and after amendment to the Section with
effect from 01.07.2002 the power is exercisable under Article 227
of the Constitution of India in holding the revision is maintainable.
Kamala & Ors vs K.T. Eshwara Sa & Ors on 29 April, 2008
Coming to the other ground on which the plaint rejected is
under Order VII Rule 11 (a) CPC. It speaks that where the plaint
on its reading does not disclose a cause of action. Cause of action
is a bundle of essential facts and even as per Order VII Rule 1(e)
what it speaks of the facts constituting cause of action and when it
arose shall contain in the plaint, apart from Section 20 CPC
speaks jurisdiction confers where cause of action in whole or part
arises. The Apex Court in one of the expressions placed reliance in
Kamala and Others Vs. K.T. Eshwara Sa and Others , held for
application of barred by law or not to decide the conclusion to be
drawn to the Court is only by seeing the plaint averments and
nothing more at that stage as issues on merits of the mater would
not be within the realm of the Court at that stage and that too
when a mixed question of fact and law not only examination of
plaint, but also evidence and order to be passed if at all in the
earliest that to be taken up as a preliminary issue at best rather
than rejection of the plaint by dwelling into with roving enquiry.
Liverpool & London S.P. & I Asson. Ltd vs M.V. Sea Success I & Anr on 20 November, 2003
In
so far as on ground of cause of action, this expression by referring
to several other expressions held at Para 40, particularly from Para
139 at page 562 of Liverpool & London S.P. & I Association
Limited Vs. M.V. Sea Success I , that whether a plaint discloses a
cause of action or not is essentially a question of fact. But whether
it does or does not must be found out from reading the plaint itself.
For the said purpose the averments made in the plaint in its
entirety must be held to be correct.
C. Natrajan vs Ashim Bai & Anr on 11 October, 2007
The test is as to whether if any
of the averments made in the plaint are taken to be correct in their
entirety, a decree would be passed and by referring to C. Natrajan
Vs. Ashim Bai , particularly at Para 8, it was observed that an
application for rejection of the plaint can be filed if the allegations
made in the plaint even if given face value in its entirety appear to
be barred by any law.
Kishore Kumar Khaitan & Anr vs Praveen Kumar Singh on 13 February, 2006
The
other decision placed reliance is in Kishore Kumar Khaitan and
Another Vs. Praveen Kumar Singh , where at Para 13 the Apex
Court held that exercise of jurisdiction under Article 227 of the
Constitution of India behoved the High Court to consider whether
the order of interim injunction is supported by necessary findings.
The jurisdiction under Article 227 of the Constitution of India may
be restrictive in the sense that it is to invoke to correct errors of
jurisdiction. But when a Court asks itself a wrong question or
approaches the question in an improper manner, even if it comes
to a finding of fact, which cannot be said to be one rendered with
jurisdiction and it will still be amenable to correction at the hands
of the High Court under Article 227 of the Constitution.
Banda Pulla Reddy vs Banda Lakshmamma And Others on 6 March, 2014
In this
regard the learned counsel for the revision petitioner also placed
reliance on the expression in Banda Pulla Reddy Vs. Banda
Lakshmamma in A.S.No.47 of 1998 dated 06.03.2014 reads as
follows: