Vinod Infra Developers Ltd. vs Mahaveer Lunia 2025 INSC 772 - CPC - Rejection Of Plaint - TP Act - Registration Act
Code of Civil Procedure 1908 - Order VII Rule 11 - a plaint cannot be rejected in its entirety merely because one of the prayers or reliefs sought is legally untenable, so long as other reliefs are maintainable and based on independent causes of action- Selective severance of reliefs is impermissible where different causes of action are independently pleaded and supported by distinct facts. (Para 9.6)
Code of Civil Procedure 1908 - Order VII Rule 11 -Factual disputes cannot be resolved at the stage of considering an application under Order VII Rule 11 CPC. (Para 9.7)
Code of Civil Procedure 1908 - Order VII Rule 11 -The suit cannot be dismissed merely on the ground of insufficient court fee. The law mandates that the plaintiff be afforded an opportunity to rectify such deficiency. Only upon failure to comply, can the plaint be rejected. (Para 11)
Transfer of Property Act - Section 54 ; Registration Act, 1908 - Section 17,49- Unregistered agreements to sell, even if coupled with possession, do not convey title or create any interest in the immovable property- title and ownership of immovable property can only be conveyed by a registered deed of sale. (Para 9.2,9.3)
Civil Courts - Issues relating to title of immovable property fall exclusively within the jurisdiction of civil courts and not revenue authorities. (Para 10)
