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TMI Blog2022 (3) TMI 1462X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 96 of the Code of Civil Procedure, 1908 (hereinafter for brevity referred to as 'CPC') challenging the order dated 30.11.2016 passed by the learned Additional Senior Civil Judge at Ballari(hereinafter for brevity referred to as 'trial Court') in O.S.No.302/2015 on I.A.No.IV filed under Order VII Rule 11(a) and (d) of CPC whereby the trial Court allowed the I.A. and rejected the plaint. 2. For convenience, the parties are referred to as per their ranking before the trial Court. 3. The case of the plaintiffs is that they are the sons and daughters of deceased Bheemappa @ Bhima Reddy. The said Bheemappa @ Bhima Reddy is the son of Erappa @ Veera Reddy. The said Erappa @ Veera Reddy got two sons namely Bheemappa @ Bhima Reddy i.e. the fat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been purchased after 28.08.1942. Hence, the plaintiffs have no right, title or interest over the suit schedule properties. They have further contended that the plaint does not disclose any cause of action and that there is delay in filing the suit. 5. The trial Court after considering the pleadings of the parties, has framed the following points for consideration: 1. Whether the applicants/defendants have made out valid and sufficient grounds to reject the plaint of the plaintiffs under Order- Rule-11(a) and (d) r/w Sec.151 of CPC as prayed for? 2. What order? 6. The trial Court answered Point No.1 in the affirmative and allowed the application by rejecting the plaint under Order VII Rule 11(a) and (d) of CPC. Being aggrieved by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f action to file a suit. Even during the life time of the father of the plaintiffs, no suit was filed. Therefore, the trial court has rightly allowed the application and rejected the plaint. Hence, the learned counsel sought for dismissal of the appeal. 9. We have heard the learned Counsel for the parties. Perused the impugned order. 10. The point that arises for our consideration is Whether the trial Court is justified in rejecting the plaint under Order VII Rule 11 of CPC in the facts and circumstances of the case? 11. It is well settled law that, under Order VII Rule 11 of CPC, the plaint has to be rejected only on the basis of the averments made in the plaint without referring to the written statement filed by the defendant or any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... family cannot claim any right or share in the properties of the biological family of the father of the plaintiffs. Hence, the suit filed by the plaintiffs is not maintainable. 13. Our view is fortified in the case of Lekh Ram and others v. M.T. Kishno reported in AIR 1951 PEPSU 99, the Hon'ble Court has held that an adoption under the Mitakshara Law has the effect of transplanting the adopted boy from his natural family into the family of his adoptive father and by such adoption, the adoptee acquires the rights and privileges of a natural son in the family of the adoptor. He ceases to be a coparcener in the family of his birth from time of his adoption and becomes one with his adoptive family immediately. Therefore, it is very clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in respect of limitation to file a suit. The father of the plaintiffs died in the year 1996. During the life time of the plaintiffs' father, he has not challenged the alienation made by the defendants in favour of defendant Nos.6 and 7 nor filed any suit claiming his share. Therefore, the suit filed by the plaintiffs in the year 2015 is barred by limitation. 17. The conclusion arrived at by the trial Court rejecting the plaint under Order 7 Rule 11 of CPC is correct. Though, while giving the finding, the trial Court has referred to the written statement and the documents produced by the defendant, which the trial Court was not supposed to rely, the appellate Court has the power to correct the same. By going through the averments of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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