Karam Singh v. Amarjit Singh 2025 INSC 1238 - CPC - Rejection Of Plaint - Adverse Possession - Revenue Records

Code of Civil Procedure 1908 - Order VII Rule 11 - Whether the defendants perfected their title by adverse possession would be a mixed question of law and fact and can appropriately be addressed only after evidence is led. The same cannot be made basis to reject the plaint at the threshold. (Para 23) While considering rejection of the plaint thereunder only the averments made in the plaint and nothing else is to be considered to find out whether the suit is barred by law. At this stage, the defense is not to be considered. Thus, whether the suit is barred by any law or not is to be determined on the basis of averments made in the plaint. (Para 15) Order VII Rule 11(d) - Where several reliefs are sought in suit, if any one of the reliefs is within the period of limitation, the plaint cannot be rejected as barred by law by taking recourse to Order 7 Rule 11 (d) (Para 19)

Code of Civil Procedure 1908 - Order II Rule 2 - When the plaint of earlier suit was rejected under Order 7 Rule 11 of CPC as not being properly framed, a fresh suit with appropriate relief cannot be, prima facie, barred by Rule 2 of Order 2. (Para 22)

Revenue Records - Mutation entries do not confer title. They serve a fiscal purpose, that is, to realize tax from the person whose name is recorded in the revenue records. (Para 16)

Limitation Act - Article 65 - Where a suit is for possession of immovable property or any interest therein, based on title, the limitation period is 12 years when the possession of the defendants becomes adverse to the plaintiff. (Para 17)

LawLens - AI-Powered Legal Research for Indian Laws

Discover AI-powered legal research tools for Indian law professionals

AI-Powered Legal Research for Indian Laws