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. 2The Respondents (Plaintiffs) had filed a suit for declaration of title, partition, possession, and permanent injunction
Source reference: para. 3The 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. 3second, that the court lacked territorial jurisdiction as the ancestral property is allegedly situated in Raipur District
Source reference: para. 3Issues
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, 62. 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, 7Law 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. 2Sections 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. 3the 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, 7Reasoning
the Applicants failed to provide documents identifying specific Khasra numbers of the land declared "excess"
Source reference: para. 4While 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, 5the bar under Section 46 of the Act of 1960 could not be established at this preliminary stage
Source reference: para. 6the location of ancestral property and its status are matters of fact to be proved by the Plaintiffs during the trial
Source reference: para. 7Since 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, 8Holding
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, 7The Civil Revision was dismissed at the admission stage and the impugned order dated 18.03.2026 was affirmed
Source reference: para. 8, 9Original Court PDF
CHAMPESHWAR VERMAvsSMT. LOKESHWARI VERMA
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