Case Name: Hitender Shokeen v. Rajan Kumar Shokeen:
2023 SCC OnLine Del 2774
Bench: Justice Jyoti Singh
Facts:
- The case arises out of a dispute within a Hindu Undivided Family (HUF) over properties.
- Plaintiff, Rajan Kumar Shokeen filed CS(OS) No. 947/2007 seeking partition of ancestral properties and declaration that earlier consent decrees (1972) and preliminary/final partition decrees (2005/2008) were obtained by fraud.
- Defendant, Hitender Shokeen filed an application under Order VII Rule 11 CPC to reject the plaint, citing limitation and lack of cause of action.
Issues:
- Whether the plaint disclosed a valid cause of action.
- Whether the suit was barred by limitation (Article 59, Limitation Act).
- Whether allegations of fraud warranted a full trial.
- Whether omission of possession relief attracted Order II Rule 2 CPC.
Arguments:
Defendant: Suit is time-barred; prior decrees were not challenged; plaintiff is bound by mother’s admissions; no claim for possession.
Plaintiff: Properties are ancestral; fraud alleged in decrees obtained 1972; fraud vitiates decrees; limitation and fraud require trial.
Holding:
The Delhi High Court dismissed the revision petition, affirming the Trial Court’s refusal to reject the plaint. The Court held:
- Limitation is a mixed question of law and fact and must be tried.
- Allegations of fraud require evidence; fraud, if proved, renders a decree a nullity.
- Rejection under Order VII Rule 11 CPC is not warranted when complex legal and factual issues exist.
- Delay in seeking rejection and progress in trial militated against dismissal at this stage.
Key Precedents referred:
A.V. Papayya Sastry v. Govt. of A.P., (2007) 4 SCC 221
Nusli Neville Wadia v. Ivory Properties, (2020) 6 SCC 557
Saleem Bhai v. State of Maharashtra, (2003) 1 SCC 557
Significance:
This judgment reinforces that Order VII Rule 11 CPC should be sparingly invoked, especially in cases involving fraud, ancestral property rights, and limitation issues requiring trial. It upholds a party’s right to contest decrees allegedly obtained through fraud and collusion, even if belated.
