Chhattisgarh High Court

Rejection of plaint under Order 7 Rule 11 CPC is unsustainable without documentary evidence establishing a statutory bar.

CHAMPESHWAR VERMA vs SMT. LOKESHWARI VERMA

Chhattisgarh High CourtJUDGMENT: April 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Applicants (Defendants No. 1 and 2) challenged an order dated 18.03.2026 passed by the Principal District Judge, Bemetara, which dismissed their application under Order 7 Rule 11 of the CPC

Source reference: para. 2

The Respondents (Plaintiffs) had filed a suit for declaration of title, partition, possession, and permanent injunction

Source reference: para. 3

The Applicants sought rejection of the plaint on two grounds: first, that the suit is barred by Sections 6-C and 46 of the Chhattisgarh Ceiling on Agricultural Holding Act, 1960, due to ongoing ceiling cases

Source reference: para. 3

second, that the court lacked territorial jurisdiction as the ancestral property is allegedly situated in Raipur District

Source reference: para. 3
02

Issues

1. Whether the civil suit was barred under the provisions of the Chhattisgarh Ceiling on Agricultural Holding Act, 1960, warranting a rejection of the plaint.

Source reference: para. 3, 6

2. Whether the plaint disclosed a lack of jurisdiction or failed to state a cause of action due to the location of the ancestral property.

Source reference: para. 3, 7
03

Law Applied

Order 7 Rule 11 of the Code of Civil Procedure, 1908, which mandates the rejection of a plaint where it does not disclose a cause of action or is barred by law

Source reference: para. 2

Sections 6-C and 46 of the Chhattisgarh Ceiling on Agricultural Holding Act, 1960, which restrict the jurisdiction of civil courts over lands declared as "excess" under the Act

Source reference: para. 3

the evidentiary principle that the burden of proving that property is ancestral or subject to statutory bars lies with the party asserting such facts when the pleadings alone do not establish the bar

Source reference: para. 6, 7
04

Reasoning

the Applicants failed to provide documents identifying specific Khasra numbers of the land declared "excess"

Source reference: para. 4

While an order from 1997 showed a proposal to declare 7.15 acres as excess, no evidence was provided to show this order was made absolute, and certain Khasra numbers (948, 949, and 951) were specifically exempted

Source reference: para. 4, 5

the bar under Section 46 of the Act of 1960 could not be established at this preliminary stage

Source reference: para. 6

the location of ancestral property and its status are matters of fact to be proved by the Plaintiffs during the trial

Source reference: para. 7

Since the Applicants failed to substantiate their contentions with Khasra numbers or conclusive evidence, the trial court was justified in refusing to reject the plaint

Source reference: para. 6, 8
05

Holding

The High Court answered both issues in the negative, finding no perversity or illegality in the lower court's decision

It held that an application under Order 7 Rule 11 CPC cannot be allowed based on unsubstantiated factual claims regarding ceiling proceedings or property location that require trial

Source reference: para. 6, 7

The Civil Revision was dismissed at the admission stage and the impugned order dated 18.03.2026 was affirmed

Source reference: para. 8, 9
Chhattisgarh High Court

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CHAMPESHWAR VERMAvsSMT. LOKESHWARI VERMA

Chhattisgarh High Court · April 24, 2026

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