Plaint is returned.-How the suit for the entire schedule of property Ac.5-30 guntas is maintainable, when the Agreement of Sale is for Ac.2-00 guntas and another receipt is for Ac.2-00 guntas. = the agreement of sale is executed to an extent of Ac.2.00 in Sy.No.6, and clause no.4 in the agreement of is pertaining to remaining portion of his land i.e. 3.30 gts in Sy.No.4 and the 1st party assures second party after completion of sale transaction under agreement of sale dt.17/2/2015 only the future transaction takes place. Therefore suit is not maintainable to the entire extent of Ac.5.20 gts and it is maintainable to extent of Ac.2.00 only in Sy.No.6 only. Hence counsel is directed to restricted his prayer to the extent of two acres only. Aggrieved by the direction to restrict his suit prayer as a condition precedent for entertainment of the suit, the petitioner-plaintiff is before this Court.= In the aforestated scheme, there is no power vesting in the trial Court at the time of registration of the suit to venture into the merits of the matter or possible disputed issues. In the present case, the objection raised by the office of the trial Court, which was thereafter sustained by the trial Court, is that the suit prayer relates to a larger extent than can be claimed by the petitioner-plaintiff as per the suit agreement. This is not an issue which could have been gone into by the trial Court at the time of registration of the plaint. It is for the petitioner-plaintiff to demonstrate before the trial Court during the suit proceedings as to how he is entitled to such relief. When he valued the property in question fully and properly and paid requisite Court fee thereon, the trial Court had no power to determine as to the extent of relief that could be claimed by him at the very threshold and require him to amend his suit prayer accordingly. It may be noticed that it is not the case of the trial Court that the plaint did not disclose any cause of action whereby it could have rejected the plaint under Order 7 Rule 11 CPC. In fact, it did not even do so. It merely returned the plaint requiring the petitioner-plaintiff to restrict his prayer to a lesser extent. The order dated 12.04.2018 passed by the trial Court to this effect is therefore unsustainable in law and is accordingly set aside. The trial Court is directed to examine the plaint presented by the plaintiff only in the context of the parameters prescribed in the Code of Civil Procedure, 1908, and the Civil Rules of Practice and if it is found to be in order, register the same as per Rule 23 of the Civil Rules of Practice.
Plaint is returned.-How the suit for the entire schedule of property Ac.5-30 guntas is maintainable, when the Agreement of Sale is for Ac.2-00 guntas and another receipt is for Ac.2-00 guntas. = the agreement of sale is executed to an extent of Ac.2.00 in Sy.No.6, and clause no.4 in the agreement of is pertaining to remaining portion of his land i.e. 3.30 gts in Sy.No.4 and the 1st party assures second party after completion of sale transaction under agreement of sale dt.17/2/2015 only the future transaction takes place. Therefore suit is not maintainable to the entire extent of Ac.5.20 gts and it is maintainable to extent of Ac.2.00 only in Sy.No.6 only. Hence counsel is directed to restricted his prayer to the extent of two acres only. Aggrieved by the direction to restrict his suit prayer as a condition precedent for entertainment of the suit, the petitioner-plaintiff is before this Court.= In the aforestated scheme, there is no power vesting in the trial Court at the time of registration of the suit to venture into the merits of the matter or possible disputed issues. In the present case, the objection raised by the office of the trial Court, which was thereafter sustained by the trial Court, is that the suit prayer relates to a larger extent than can be claimed by the petitioner-plaintiff as per the suit agreement. This is not an issue which could have been gone into by the trial Court at the time of registration of the plaint. It is for the petitioner-plaintiff to demonstrate before the trial Court during the suit proceedings as to how he is entitled to such relief. When he valued the property in question fully and properly and paid requisite Court fee thereon, the trial Court had no power to determine as to the extent of relief that could be claimed by him at the very threshold and require him to amend his suit prayer accordingly. It may be noticed that it is not the case of the trial Court that the plaint did not disclose any cause of action whereby it could have rejected the plaint under Order 7 Rule 11 CPC. In fact, it did not even do so. It merely returned the plaint requiring the petitioner-plaintiff to restrict his prayer to a lesser extent. The order dated 12.04.2018 passed by the trial Court to this effect is therefore unsustainable in law and is accordingly set aside. The trial Court is directed to examine the plaint presented by the plaintiff only in the context of the parameters prescribed in the Code of Civil Procedure, 1908, and the Civil Rules of Practice and if it is found to be in order, register the same as per Rule 23 of the Civil Rules of Practice.