Mere Non Mention Of Khasra Numbers Not Enough To Reject Plain Under Order 7 Rule 11 CPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that mere non mention of certain khasra numbers per se cannot be so fatal so as to dismiss the Plaint in terms of Order 7, Rule 11 of the Civil Procedure Code on the count that no cause of action was disclosed.

The Court was considering a Petition against an Application filed by the Petitioners under Order 7, Rule 11 of the Civil Procedure Code was dismissed and also an order passed by the Rent Controller in an Application filed under Section 151 of the Civil Procedure by the land owners to carry out certain amendments in the Petition was allowed.

The Bench of Justice Ajay Mohan Goel observed, "....this Court concurs with the findings returned by the learned Court below that mere non mention of certain khasra numbers per se cannot be so fatal so as to throw the petitioners in terms of Order 7, Rule 11 of the Civil Procedure Code on the count that the petition did not disclose any cause of action."

The Petitioner was represented by Advocate H.S. Rangra.

Counsel for the Petitioners submitted that the Eviction Petition was vague, incomplete, and did not contain the details of the demised premises, and it was in this backdrop that the Petitioners filed an Application under Order 7, Rule 11 of the Civil Procedure Code.

The Court concurred with the Rent Controller that had dismissed the Application by inter alia holding that whereas a separate application already stood filed by the land owner for the amendment of the Petition and further, simply because khasra numbers of the demised premises were not mentioned in the petition, it could not be held that on this count alone, the eviction petition was not disclosing any cause of action.

"It is settled law that cause of action is the bundle of facts which a party has to prove in order to obtain a decree in its favour. Therefore, mere remiss in mentioning of the khasra numbers cannot be said to be equivalent to non-disclosure of the cause of action at all in an eviction petition", the Court held.

The Application was accordingly disposed of.

Cause Title: Puran Prakash Goel & another vs. Chaman Lal Vaidya (2025:HHC:26791)

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