Case: Bhau Ram Vs. Janak Singh

(a) One Shanker Lal owned and possessed several lands in District Shimla including the land in question. Originally the land in question was owned by Smt. Lari Mohansingh @ Madna Wati and was in occupation of Shankar Lal as a tenant. After coming into force of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, Shanker Lal, moved an application on 21.01.1957, for proprietary rights under Section 11 of the said Act before the Compensation Officer, Mahesu. In the meantime, Madna Wati sold the suit land to Panu Ram (defendant No.2) on 22.10.1960. Defendant No.2 purchased the said land as benami in the name of his wife Kamla Devi (defendant No.1), who was a minor at that time. After the sale of suit land, defendant No.1 through defendant No.2 was substituted as respondents in place of Madna Wati in the application pending before the Compensation Officer. During the pendency of the application, Shanker Lal died on 07.06.1960 and after his death, his wife Reshmoo Devi was substituted as his legal representative. Vide his order dated 31.08.1964, the Compensation Officer allowed the application and granted proprietary rights to Reshmoo Devi.  (b) Against the said order, Kamla Devi (defendant No.1) preferred an appeal before the District Judge, Mahesu, who, by his order dated 14.12.1966, dismissed the same.  (c) During the pendency of the proceedings before the Compensation Officer, one Raghunath Singh Thakur of Marina Hotel, Shimla filed a Civil Suit No. 80/1 of 1962 in the Court of Sub-Judge, Mahesu against Madna Wati and Kamla Devi alleging that the suit land along with other land property was mortgaged with him by Madna Wati and, therefore, she had no rights to sell or transfer the suit land. The said suit was decreed in favour of Raghunath Singh. Aggrieved by the said order, they filed an appeal before the Judicial Commissioner, Himachal Pradesh at Shimla and Reshmoo Devi also preferred an appeal before the Judicial Commissioner, Shimla. Both the appeals were transferred to the High Court of Himachal Pradesh. The High Court allowed the appeal preferred by Reshmoo Devi and set aside the order of the sub-Judge Mahesu to the extent it affected her rights and further directed her to seek remedy against Kamla Devi by a separate suit.  (d) During the pendency of the appeal before the High Court, since the possession was forcibly taken from Reshmoo Devi, she filed a suit for recovery of possession being Suit No. 61/1 of 1976 before the Sub-Judge (I), Shima which was decreed in her favour on 25.03.1985.  (e) Aggrieved by that judgment, Kamla Devi filed an appeal before the sub- Judge, Ist Class, Shimla. During the pendency of the appeal, Reshmoo Devi died on 25.09.1985. An application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (in short CPC) was filed by the sister of Reshmoo Devi for bringing her on record as legal representative (L.R.). However, another application was filed by Hira Singh and Attar Singh that they may be brought on record as L.Rs of Reshmoo Devi on the basis of a Will. (f) Challenging the said Will, Bhau Ram, the appellant herein, who was the nephew of Reshmoo Devi, filed an application to implead himself as L.R. of Reshmoo Devi. By order dated 29.11.1986, sub-Judge Ist Class, Shimla held that Bhau Ram, the appellant herein, being the son of real brother of Shankar Lal, husband of Reshmoo Devi is the only legal representative.  (g) The appeal filed by Kamla Devi & Ors. was registered as Civil Appeal No. 118-S/13 of 1987. By order dated 02.12.1987, the Additional District Judge allowed the appeal and dismissed the suit filed by Reshmoo Devi for possession as barred by limitation. The appellant herein, who was substituted as L.R., filed second appeal being R.S.A. No.113 of 1988 before the High Court which was allowed by the High Court on 25.05.2000.  (h) Against that order, Kamla Devi & Ors. filed special leave petition before this Court which was dismissed.  (i) Involving the same issue, Attar Singh filed a Suit being Suit No. 424/1 of 99/97 in the Court of sub-Judge-IV, Shimla which was dismissed for default on 23.02.2001 but the same was restored vide order dated 14.08.2002. He again filed a Civil Suit No. 10/1 of 2004 before the Civil Judge (Jr. Division-II) Rohru, Shimla for possession of the suit land belonging to Reshmoo Devi. During the course of proceedings, the appellant herein filed an application under Order VII Rule 11 read with Section 151 of CPC for rejection of the plaint on certain grounds. By order dated 17.11.2004, the Civil Judge allowed the application and dismissed the suit filed by Attar Singh.  (j) Against the said order, Attar Singh filed F.A. No. 90-S/13 of 2005 before the District Judge (Forest), Shimla. After the death of Attar Singh, Kamla Devi was brought on record as his legal representative. Vide order dated 31.07.2009, the District Judge (Forest) allowed the appeal. Challenging the said order, the appellant herein and his sister, Kular Mani, filed R.S.A. No. 501 of 2009 before the High Court. By the impugned order dated 20.09.2010, the High Court dismissed the appeal. Against the said order, the appellant herein filed an appeal by way of special leave petition before this CourtOne Shanker Lal owned and possessed several lands in District Shimla including the land in question. Originally the land in question was owned by Smt. Lari Mohansingh @ Madna Wati and was in occupation of Shankar Lal as a tenant. After coming into force of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, Shanker Lal, moved an application on 21.01.1957, for proprietary rights under Section 11 of the said Act before the Compensation Officer, Mahesu. In the meantime, Madna Wati sold the suit land to Panu Ram (defendant No.2) on 22.10.1960. Defendant No.2 purchased the said land as benami in the name of his wife Kamla Devi (defendant No.1), who was a minor at that time. After the sale of suit land, defendant No.1 through defendant No.2 was substituted as respondents in place of Madna Wati in the application pending before the Compensation Officer. During the pendency of the application, Shanker Lal died on 07.06.1960 and after his death, his wife Reshmoo Devi was substituted as his legal representative. Vide his order dated 31.08.1964, the Compensation Officer allowed the application and granted proprietary rights to Reshmoo Devi.  (b) Against the said order, Kamla Devi (defendant No.1) preferred an appeal before the District Judge, Mahesu, who, by his order dated 14.12.1966, dismissed the same.  (c) During the pendency of the proceedings before the Compensation Officer, one Raghunath Singh Thakur of Marina Hotel, Shimla filed a Civil Suit No. 80/1 of 1962 in the Court of Sub-Judge, Mahesu against Madna Wati and Kamla Devi alleging that the suit land along with other land property was mortgaged with him by Madna Wati and, therefore, she had no rights to sell or transfer the suit land. The said suit was decreed in favour of Raghunath Singh. Aggrieved by the said order, they filed an appeal before the Judicial Commissioner, Himachal Pradesh at Shimla and Reshmoo Devi also preferred an appeal before the Judicial Commissioner, Shimla. Both the appeals were transferred to the High Court of Himachal Pradesh. The High Court allowed the appeal preferred by Reshmoo Devi and set aside the order of the sub-Judge Mahesu to the extent it affected her rights and further directed her to seek remedy against Kamla Devi by a separate suit.  (d) During the pendency of the appeal before the High Court, since the possession was forcibly taken from Reshmoo Devi, she filed a suit for recovery of possession being Suit No. 61/1 of 1976 before the Sub-Judge (I), Shima which was decreed in her favour on 25.03.1985.  (e) Aggrieved by that judgment, Kamla Devi filed an appeal before the sub- Judge, Ist Class, Shimla. During the pendency of the appeal, Reshmoo Devi died on 25.09.1985. An application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (in short CPC) was filed by the sister of Reshmoo Devi for bringing her on record as legal representative (L.R.). However, another application was filed by Hira Singh and Attar Singh that they may be brought on record as L.Rs of Reshmoo Devi on the basis of a Will. (f) Challenging the said Will, Bhau Ram, the appellant herein, who was the nephew of Reshmoo Devi, filed an application to implead himself as L.R. of Reshmoo Devi. By order dated 29.11.1986, sub-Judge Ist Class, Shimla held that Bhau Ram, the appellant herein, being the son of real brother of Shankar Lal, husband of Reshmoo Devi is the only legal representative.  (g) The appeal filed by Kamla Devi & Ors. was registered as Civil Appeal No. 118-S/13 of 1987. By order dated 02.12.1987, the Additional District Judge allowed the appeal and dismissed the suit filed by Reshmoo Devi for possession as barred by limitation. The appellant herein, who was substituted as L.R., filed second appeal being R.S.A. No.113 of 1988 before the High Court which was allowed by the High Court on 25.05.2000.  (h) Against that order, Kamla Devi & Ors. filed special leave petition before this Court which was dismissed.  (i) Involving the same issue, Attar Singh filed a Suit being Suit No. 424/1 of 99/97 in the Court of sub-Judge-IV, Shimla which was dismissed for default on 23.02.2001 but the same was restored vide order dated 14.08.2002. He again filed a Civil Suit No. 10/1 of 2004 before the Civil Judge (Jr. Division-II) Rohru, Shimla for possession of the suit land belonging to Reshmoo Devi. During the course of proceedings, the appellant herein filed an application under Order VII Rule 11 read with Section 151 of CPC for rejection of the plaint on certain grounds. By order dated 17.11.2004, the Civil Judge allowed the application and dismissed the suit filed by Attar Singh.  (j) Against the said order, Attar Singh filed F.A. No. 90-S/13 of 2005 before the District Judge (Forest), Shimla. After the death of Attar Singh, Kamla Devi was brought on record as his legal representative. Vide order dated 31.07.2009, the District Judge (Forest) allowed the appeal. Challenging the said order, the appellant herein and his sister, Kular Mani, filed R.S.A. No. 501 of 2009 before the High Court. By the impugned order dated 20.09.2010, the High Court dismissed the appeal. Against the said order, the appellant herein filed an appeal by way of special leave petition before this Court

Reasoning:
9) As rightly pointed out by learned counsel for the respondents, the questions of law, as raised in the second appeal, before the High Court are no longer needed to be decided in view of the settled law that only the averments in the plaint can be looked into while deciding the application under Order VII Rule 11. This aspect has been rightly dealt with by the High Courtare of the view that the High Court is fully justified in confirming the decision of the appellate Court remitting the matter to the trial Court for consideration of all the issues. In view of the fact that the suit is pending from 2002, we direct the trial Court to decide the suit in its entirety considering all the issues, after affording adequate opportunity to both the parties, and dispose of the same within a period of six months from the date of receipt of copy of this judgmentAs rightly pointed out by learned counsel for the respondents, the questions of law, as raised in the second appeal, before the High Court are no longer needed to be decided in view of the settled law that only the averments in the plaint can be looked into while deciding the application under Order VII Rule 11. This aspect has been rightly dealt with by the High Courtare of the view that the High Court is fully justified in confirming the decision of the appellate Court remitting the matter to the trial Court for consideration of all the issues. In view of the fact that the suit is pending from 2002, we direct the trial Court to decide the suit in its entirety considering all the issues, after affording adequate opportunity to both the parties, and dispose of the same within a period of six months from the date of receipt of copy of this judgment