VINOD INFRA DEVELOPERS LTD. versus MAHAVEER LUNIA & ORS.

Citation: [2025] 7 S.C.R. 190 · Decided: 22-05-2025 · Supreme Court of India · Bench: J.B. PARDIWALA

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Judgment (excerpt)

[2025] 7 S.C.R. 190 : 2025 INSC 772
Vinod Infra Developers Ltd. 
v. 
Mahaveer Lunia & Ors.
(Civil Appeal No. 7109 of 2025)
23 May 2025
[J.B. Pardiwala and R. Mahadevan,* JJ.]
Issue for Consideration
Whether the High Court erred in rejecting the plaint filed by the 
appellant u/Or.VII, r.11, CPC, 1908.
Headnotes†
Code of Civil Procedure, 1908 – Or.VII, r.11 – Registration Act, 
1908 – ss.17, 49, 23 – Transfer of Property Act, 1882 – s.54 – 
Appellant-company (owner of the subject property) filed suit 
for declaratory reliefs alleging that despite the revocation of 
the agreement to sell and the power of attorney authorising 
Respondent No.1 to sell the subject property, Respondent 
No.1 executed the impugned sale deeds in respect of the 
subject property – Respondents filed application u/Or.VII,r.11, 
dismissed by Trial Court – High Court allowed the application 
and rejected the plaint in its entirety – Interference with: 
Held: 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 – High Court’s wholesale rejection of 
the plaint without appreciating that the reliefs claimed flowed from 
multiple and distinct causes of action was an improper application 
of Or.VII, r.11 – On facts, serious triable issues arise which must 
be adjudicated by a competent civil court – Impugned order set 
aside, order of the trial court restored. [Paras 9.5, 9.6, 14]
Code of Civil Procedure, 1908 – Or.VII, r.11 – Rejection of 
plaint – Law with respect to, stated. [Para 8]
Rajasthan Tenancy Act, 1955 – s.207 – When not applicable – 
Plea of the respondents that u/s.207, suits relating to khatedari 
rights and recovery of possession based on tenancy or 
* Author
[2025] 7 S.C.R. 
191
Vinod Infra Developers Ltd. v. Mahaveer Lunia & Ors.
mortgage issues fall within the exclusive jurisdiction of the 
revenue courts and as the appellant themselves claimed to 
be khatedari tenants seeking restoration of such rights upon 
cancellation of the sale deeds hence, the suit lied outside the 
jurisdiction of the civil court:
Held: Issues relating to title of immovable property fall exclusively 
within the jurisdiction of civil courts and not revenue authorities – 
Revenue entries are administrative in nature and intended only for 
fiscal purposes – Issues raised in the plaint pertain to ownership, 
validity of sale deeds, and declaration of title, which are civil in nature 
and, therefore, triable exclusively by a civil court – In view of this, 
the applicability of s.207 which bars the jurisdiction of civil courts 
in matters relating to khatedari rights and recovery of possession 
based on tenancy does not arise in the present case – However, 
by rejecting the plaint and reversing the trial Court’s well-reasoned 
order, the High Court assumed jurisdiction not vested in it at this 
preliminary stage committing a jurisdictional error. [Para 10]
Case Law Cited
Central Bank of India v. Prabha Jain, 2025 INSC 95 : [2025] 2 SCR 
263; Suraj Bhan v. Financial Commissioner [2007] 5 SCR 155 : 
(2007) 6 SCC 186; Jitendra v. State of Madhya Pradesh and Others, 
2021 SCC OnLine SC 802; S. Kaladevi v. V.R. Somasundaram 
[2010] 4 SCR 515 : (2010) 5 SCC 401; Muruganandam v. Muniyandi 
(Died) through LRs, 2025 SCC OnLine SC 1067; Suraj Lamp 
& Industries (P) Ltd. v. State of Haryana [2011] 11 SCR 848 : 
(2012) 1 SCC 656; Cosmos Co. Operative Bank Ltd v. Central 
Bank of India & Ors., 2025 SCC OnLine SC 352; Tajender Singh 
Ghambhir and Another v. Gurpreet Singh and Others [2014] 10 
SCR 527 : (2014) 10 SCC 702 – relied on.
Pyare Lal v. Shubhendra Pilania and Others [2019] 1 SCR 717 : 
(2019) 3 SCC 692 – referred to.
List of Acts
Code of Civil Procedure, 1908; Transfer of Property Act, 1882; 
Rajasthan Tenancy Act, 1955.
List of Keywords
Order VII Rule 11 of CPC; Rejection of plaint; Triable issues; 
Multiple and distinct causes of action; Independent causes 
192
[2025] 7 S.C.R.
Supreme Court Reports
of action; Unregistered documents; Inadmissible in evidence; 
Power of attorney; Agreement to sell; Revocation of power of 
attorney; Impugned sale deeds executed; Competent civil court; 
Unregistered agreement to sell, Power of attorney; Security for 
the loan; Redeem the mortgag

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