P&H: Partition suit cannot be rejected at the threshold U.O.7.R.11 CPC.

punjab-haryana
⚖️ Order Date: 22 May 2026
Headnotes

Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint - While considering an application for rejection of plaint, Court is required to examine only the plaint and documents relied upon by plaintiffs - Defences such as adverse possession and extinction of title involve questions of fact regarding...

Court Fees Act, 1870, S.7 — Ad valorem Court fee — Partition suit by co-owners asserting joint possession — Ad valorem court fee is not warranted when co-owners sue for partition claiming joint possession over suit property. (Para 4.3)

Civil Procedure Code, 1908, O.7.R.11, Punjab Land Revenue Act, 1887, Ss.111, 158 - Rejection of plaint - Bar of jurisdiction of civil Court - Mere pleadings do not conclusively establish that suit property retains the character of agricultural land where it is specifically averred that a hospital structure exists...

Civil Procedure Code, 1908, O.7.R.11 -- Rejection of plaint - Suit barred u/s 63 of Land Acquisition Act — Where suit pertains to land that has not been acquired and remains with parties, provisions of Land Acquisition Act have no application and do not bar the suit - Plaint...


Facts of the Case

P&H: Partition suit cannot be rejected at the threshold U.O.7.R.11 CPC.

High Court has dismissed a civil revision  challenging a trial court order that refused to reject a partition suit at the threshold under Order 7 Rule 11 of the Code of Civil Procedure.

The suit seeks possession by way of partition along with mandatory and permanent injunctions. The Trust argued before the trial court that the suit was barred by limitation, that it had perfected title by adverse possession, that the civil court’s jurisdiction was barred by Section 158 of the Punjab Land Revenue Act, that the suit was a case of partial partition, that ad valorem court fee had not...

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