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Citizens Flooding in Bengaluru Bangalore September 27 2017 Local media report significant flooding in the HosurSarjapur and Anugraha Layout in the Koramangala area in Bengaluru Bangalore with some media predicting heavy rains will continue overnight and into Thursday September 28 Security Message for US Citizens Demonstrations and Strike in Kerala April 5 2017 Local media sources have reported that a hartal shutdown has been called for Thursday April 6 throughout the state of Kerala The shutdown is reportedly organized in protest of police actions that occurred on April 5 2017 Emergency Message for US Citizens Protests in Tamil Nadu January 23 2017 This is an update to the previous emergency message sent on January 19 2017 Protests continue across Tamil Nadu including at Marina Beach in Chennai regarding the practice of bull taming jallikattu Various sources have reported confrontations between police and protestors in Chennai and in other cities across the state that in some cases 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to US citizens and visa applicants Applicants whose appointments are canceled will be notified by email and provided a link to reschedule The Consulate plans to resume routine services on Thursday December 8 2016 Security Message for US Citizens Death of Chief Minister Jayaraman Jayalalithaa Apollo Hospital announced that Chief Minister Jayaraman Jayalalithaa passed away on Monday December 5 2016 at 1130 pm Many businesses in Chennai are closed and public transportation is not operating Statement by Ambassador Richard R Verma on the Death of the Honourable Chief Minister of Tamil Nadu J Jayalalithaa On behalf of the United States I extend my deepest condolences to the family of Chief Minister J Jayalalithaa and the people of Tamil Nadu following her passing yesterday Chief Minister Jayalalithaa will be remembered for her years of public service to Tamil Nadu and as a supporter of closer ties between the United States and India Our thoughts and prayers are with the people of Tamil Nadu during this time of sorrow Emergency Message for US Citizens United States Consulate General Chennai December 5 2016 The US Consulate General in Chennai will operate with reduced staffing on December 5 2016 and has temporarily suspended appointments for routine services to US citizens and visa applicants Applicants will be informed by email The Consulate will provide updates when routine services are restored Important Message for Chennai Nonimmigrant Visas appointments December 5 2016 Due to scheduling changes the Nonimmigrant Unit of the Chennai Consulate will not be able to honor your appointment today Dec 5 2016 As you have already completed your biometric appointment at the Visa Application Center you can just reschedule your interview appointment with the Consulate There is NO NEED to contact the call center or customer supportsimply login to your profile and reschedule both of your appointments We regret the inconvenience caused About the Region The Chennai consular district includes the states of Tamil Nadu Karnataka Kerala and the Union Territories of Lakshadweep Islands Pondicherry and the Union Territories of Andaman Nicobar Islands Next Overview

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Home India CBI names its No 2 Asthana as accused No 1 in bribery case lens on RAW official CBI names its No 2 Asthana as accused No 1 in bribery case lens on RAW official According to sources CBI has put telephone intercepts WhatsApp messages money trail and a statement before the magistrate under Section 164 Text messages sent to Asthana seeking a reaction went unanswered 0 Shares Written by Sushant Singh New Delhi Updated October 25 2018 112525 am CBI Special Director Rakesh Asthana In a development with wide ramifications the Central Bureau of Investigation CBI has booked its Special Director Rakesh Asthana in a bribery scandal naming him as an accused in an FIR filed earlier this week Asthana is No 2 in the CBI hierarchy The FIR has also named Samant Kumar Goel Special Director of Indias external intelligence agency RAW but not as an accused CBI filed the FIR on Tuesday It named Asthana as Accused Number 1 for demanding and taking bribe from a businessman who was under investigation in the Moin Qureshi corruption case by a special investigation team Read Mud flies in war within CBI Asthana sent list against Verma with over a dozen complaints According to sources CBI has put telephone intercepts WhatsApp messages money trail and a statement before the magistrate under Section 164 Text messages sent to Asthana seeking a reaction went unanswered Exposing faultlines within the CBI on September 21 had said that it had informed the Central Vigilance Commission CVC that it was investigating Asthana in six cases of corruption The CBI has also said Asthana was maligning Director Alok Vermas image and trying to intimidate officials by sending a frivolous complaint to the CVC against Verma Reacting to this Asthana wrote to the government with a complaint against Verma saying that the Director had sought to impede his functioning interfere in investigations and malign his reputation The CBI moved against Asthana after the arrest of Dubaibased middleman Manoj Prasad on a complaint from Hyderabadbased businessman Sana Satish whose role was being investigated by the CBI SIT under Asthana in the Qureshi corruption case Qureshi was raided by the IncomeTax department in February 2014 and his BlackBerry Messenger BBM messages with former CBI Director A P Singh led to Singhs resignation as member of the Union Public Service Commission UPSC Three years later a case was registered by the CBI in February 2017 This was one of the many important cases being handled by the SIT headed by Asthana Satish gave a statement before the Magistrate on October 4 naming Asthana Prasad and Prasads relative Somesh Srivastava and gave details of how he had paid Rs 3 crore over a period of 10 months from December 2017 to stay away from the CBI case Satish claimed he was harassed by CBI officers to pay more On the instructions of Manoj Prasad Rs 25 lakh were allegedly paid on October 9 to a conduit to get relief from appearing before the SIT for questioning After he got relief Prasad travelled from Dubai to Delhi in the morning to collect Rs The FIR states that Goel RAWs No 2 was well known to and had been in regular touch with Manoj and Somesh He has not been named as an accused but his role in the case remains under investigation by the CBI sources said Tags CBI vs CBI For all the latest India News download Indian Express App

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Delhi High Court T Muralidhar vs Pvr Murthy on 7 November 2014 Author Gita Mittal IN THE HIGH COURT OF DELHI AT NEW DELHI RFA OS No1152014 CM No123442014 Reserved on 22nd September 2014 Date of Decision 7th November 2014 T MURALIDHAR Appellant Through Mr Suman Doval Adv versus PVR MURTHY Respondent Through Mr Ankit Jain and Mr Nimesh Chib Advs CORAM HONBLE MS JUSTICE GITA MITTAL HONBLE MR JUSTICE SUNIL GAUR GITA MITTAL J 1 What is not the pleaded can not be proved what is admitted need not be proved It is this fundamental principle which binds every court It is this very principle which shall be violated if the present appeal is accepted 2 On the 28th of July 2009 the appellant had filed CSOSNo13972009 against the respondent For the purpose of convenience we propose to refer to the parties as plaintiff and defendant in the present judgment Besides the residual prayer the plaintiff sought the following prayers a Pass a decree in favour of the plaintiff and against the defendant directing the defendant to execute the sale deed andor all necessary documents for transferring the flat no7430 Sector B10 Vasant Kunj New Delhi 110070 in favour of the plaintiff b pass a decree of permanent injunction in favour of the plaintiff and against the defendant restraining the defendant from taking forcible possession of the flat no7430 Sector B10 VasantKunj New Delhi 110070 from the plaintiff or to do any act that may hinder a peaceful occupation and enjoyment of the said flat by the plaintiff 3 The defendant filed a written statement and the matter was listed on the 29th of August 2013 for framing of issues The following issues were framed by the court i Whether the plaint in the present suit discloses any cause of action OPD ii Whether a concluded and binding Agreement to Sell took place between the parties OPP iii Whether the present suit is barred by limitation OPD iv If answer to the second issue is in the affirmative whether the plaintiff was ready and willing to perform his part of the Agreement to Sell OPP v Relief The defendant made a request that issue no1 be treated as a preliminary issue on the ground that the reading of the averments in the plaint in their entirety would show that no concluded agreement to sell has been arrived at between the parties Accordingly by the same order issue no1 was directed to be treated as preliminary issue 4 The arguments on the preliminary issue no1 were heard on the 28 th of March 2014 and judgment came to be passed on the 1 st of July 2014 whereby the issue no1 was decided in favour of the defendantrespondent and the plaint was rejected under Order VII Rule 11 of the Code of Civil Procedure with costs resulting in the present appeal 5 A bare reading of the prayer clause would show that the appellant has cleverly evaded mentioning the dates or particulars of any agreement by the defendantrespondent in his favour and carefully desisted from seeking the specific performance of a particular agreement to sell 6 Before proceeding any further let us firstly examine the scope of consideration by the court under Order VII Rule 11 of the CPC Scope of inquiry under Order VII Rule 11 of the Code of Civil Procedure 7 While construing the plaint from the perspective of its rejection for want of cause of action or its being barred by law under Order VII Rule 11 of the Code of Civil Procedure the Supreme Court has unequivocally declared that the court should not pick out averments in the plaint in isolation but has to conduct its meaningful reading In this regard reference may be made to 1977 4 SCC 467 T Arivandandam v TV Satyapal Anr wherein it was held that 5 The learned Munsif must remember that if on a meaningful not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue he should exercise his power under Order VII Rule 11 CPC taking care to see that the ground mentioned therein is fulfilled And if clear drafting has created the illusion of a cause of action nip it in the bud at the first hearing by examining the party searchingly under Order X CPC An activist Judge is the answer to irresponsible law suits The trial Courts Penal Code is also resourceful enough to meet such men Ch XI and must be triggered against them In this case the learned Judge to his cost realised what George Bernard Shaw remarked on the assassination of Mahatma Gandhi It is dangerous to be too good underlining by us 8 In 2005 7 SCC 510 Popat and Kotecha Property v State Bank of India Staff Association the Supreme Court has clearly stated the applicable principles in paras 15 to 19 of this judgment which read as follows 15 In ITC Ltd v Debts Recovery Appellate Tribunal and Ors AIR 1998 SC 634 it was held that the basic question to be decided while dealing with an application filed under Order VII Rule 11 of the Code is whether a real cause of action has been set out in the plaint or something purely illusory has been stated with a view to get out of Order VII Rule 11 of the Code xxx xxx xxx 17 It is trite law that not any particular plea has to be considered and the whole plaint has to be read As was observed by this Court in Roop Lal Sathi vNachhattar Singh Gill 1982 3 SCC 487 only a part of the plaint can not be rejected and if no cause of action is disclosed the plaint as a whole must be rejected 18 In Raptakos Brett Co Ltd v Ganesh Property AIR 1998 SC 3085 it was observed that the averments in the plaint as a whole have to be seen to find out whether Clause d of Rule 11 of Order VII was applicable 19 There can not be any compartmentalization dissection segregation and inversions of the language of various paragraphs in the plaint If such a course is adopted it would run counter to the cardinal canon of interpretation according to which a pleading has to be read as a whole to ascertain its true import It is not permissible to cull out a sentence or a passage and to read it out of the context in isolation Although it is the substance and not merely the form that has to be looked into the pleading has to be construed as it stands Emphasis supplied 9 We may also usefully refer to para 4 and 5 of the Division Bench pronouncement of this court reported at 2006 88 DRJ 837 DB Hari Gokal Jewellers v Satish Kapur wherein this court elaborated on the manner in which the court would effect scrutiny of the plaint to ascertain whether it discloses the cause of action or not in the following terms 4 While terming the arguments of the appellant as misplaced and misconceived in law counsel appearing for the respondent supported the judgment and decree of the trial Court in addition to the reasons stated therein on the ground that the plaint is vague and vexatious the suit is without any cause of action and that the defendant had a right to file application under Order 7 Rule 11 of the Code for rejection of plaint at any stage of the suit It was further stated that summons served upon the defendant were not for framing of issues but in any case such an argument would be without basis It is the contention of the respondent that in accordance with the settled principles of law the trial Court has not fallen in any error of law or jurisdiction in passing the impugned judgment 5 Firstly we may refer to the plaint filed by the plaintiffappellant Under Order 2 of the Code of Civil Procedure the plaint as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and must prevent further litigation The plaint should include the whole cause of action All parties necessary to the suit be impleaded The plaint must disclose cause of action and there has to be proper joinder of cause of action It is settled principle of law that the plaint filed by the plaintiff should neither be vague nor vexatious It is the abundant duty of the plaintiff to clearly and unambiguously plead his case It must 10 Cause of action is that bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit It is trite that only material facts are required to be stated and that evidence can be lead only on such facts as have been specifically pleaded 11 It is equally well settled that so long as the plaint discloses some cause of action or raises some questions of facts to be decided by a judge the mere fact that the case is weak and not likely to succeed would not be a ground for striking it out The failure of the pleadings to disclose a cause of action is distinct from the absence of full particulars Ref 1994 2 SCC 392 Mohan Rawale v Damodar Tatyaba Dadasaheb Ors These well settled legal principles shall guide our consideration Whether the plaint in this case discloses a cause of action 12 Given the narrow parameters within which the issue has to be examined by this court let us examine the plaint which was filed by the appellant The case was filed in respect of property bearing Flat No7430 SFS2 Sector B 10 VasantKunj New Delhi admittedly owned by the defendant 13 Reference requires to be made to para 3 of the plaint wherein it is averred to the effect that sometime in March 2001 the defendant represented to the plaintiff that he is the owner of the flat and that he was entitled to dispose of the said flat In para 4 the appellant refers to having shown interest in purchasing the said flat and after negotiation the respondent agreed to sell the flat to him for a total sale consideration of 2600000 He further says in para 5 that after the said agreement between the parties the respondent showed the said flat to the plaintiff It is important to note that the plaintiff does not disclose the date month or year of any of these events more so of the agreement which he claims as having been entered into with the defendant 14 We now come to the assertion with regard to payment of amounts as the sale consideration In para 5 of the plaint the plaintiff has claimed that upon being satisfied about the defendants ownership the plaintiff paid a sum of 50000 in cash to the defendant as advance towards the total agreed sale consideration of the said flat The plaintiff discloses no date of such payment He has produced no document with the plaint to support withdrawal of any such amount from any bank or its payment to the defendant He is also unable to show acknowledgement of receipt 15 These are the averments on which the plaintiff contends that deal stood confirmed and became a binding contract However in para 6 the plaintiff also states that the defendant had promised to visit Delhi very soon to complete the formalities of executing an agreement to sell etc in favour of the plaintiff to enable him to generate loan In para 8 again the plaintiff refers to the defendants promise to complete the formalities very soon He further admits that since the Agreement to Sell had not been executed by him the plaintiff was not able to generate the required 16 Yet another important aspect of the matter is the date and manner in which the plaintiff came to occupy the property In para 5 of the plaint the plaintiff claims that upon being satisfied about the defendants ownership he paid 50000 in cash as advance towards sale consideration of the said flat and in turn the defendant handed over the keys of the flat to the plaintiff as part performance of the deal The plaint is eloquent by its silence so far dates of any of this event is concerned 17 In para 7 of the plaint it is averred that at the time of taking over the possession of the said flat the flat was in a completely ramshackle condition and that the plaintiff effected renovation to make it habitable Again we are completely in the dark about the dates thereof or any particulars of when how and what was undertaken by the plaintiff Not a single event is supported by any document 18 Yet another material constituent of a valid agreement is the sale consideration for the transaction We have seen a vague reference to 2600000 in para 4 of the plaint This is coupled with the claim of payment of 50000 in cash without any date thereof being mentioned In para 11 he further states that one fine day he lost his bag containing some of his important papers including the bank deposit slips diary etc which contained the particulars of the defendants bank account and address telephone number etc 19 The suit was premised on the averments made in para 21 of the plaint describing the cause of action having accrued in favour of the plaintiff in the following manner 21 That the cause of action first arose in favour of the plaintiff and against the defendant when the defendant indicated his intentions to the plaintiff sometime in 2001 for selling the said flat in question it then arose when both the parties orally entered in to a contract for sale of the said flat by the defendant in favour of the plaintiff for a total sale consideration of Rs2600000 It also arose when the plaintiff paid a sum of Rs50000 to the defendant towards advance sale consideration of the said flat it again arose on all occasions when the Emphasis by us 20 The plaintiff has filed a letter dated 5th of April 2002 received from the defendant By this letter the defendant informed the plaintiff as follows PVR Murthy April 05 2002 Dear Mr Muralidhar Greeting to you This is the second batch of letter identical in nature writing after receiving your letter sent through speed post datedincomplete As you had given one address in the body of the letter a d incomplete on the envelope carrying the letter I had written to you to these addresses as well as to your old residential address also acknowledging the receipt of your speed post communication and giving my view specific to the points you had raised As there is no acknowledgment from you I do not know whether it is the nonreceipt of my letters to you or your I will repeat a few of the points given in my earlier incomplete of letters sent of three addresses aa 1 I had deposited the cheque in my bank account Being an outstation cheque it would take 23 weeks so I did not check on its clearance After receipt of your letter I had checked my account and then with the bank It looks the cheque has been presented but was returned to the bank The bank had presented it again and are awaiting clearance I will check on this after this financial year end bank busy schedule is over revert 2 I do not think the alternative given by you are admissible I would suggest you talk to Mr Naa incomplete he is the person who talked to me and the incomplete 3 About the sale of the flat I have an offer of Rs2 incomplete from one NRI acquaintance I have not decided on this issue but would like to know what is the present on going rate for sale of such flat if you are interest you can indicate you quoteterms As mentioned the same matter has appeared in the letters addressed to you other two addresses I would appreciate your immediate acknowledgement on the receipt of any of my communication and your response on the issues concerned Emphasis by us 21 It is evident from the above that the defendant has received a quotation about sale of the flat from an NRI acquaintance that even as on 5th of April 2002 he had not decided on the said offer but had sought information from the plaintiff about the present ongoing rate for the sale of such flats and in case the plaintiff was so interested in purchase of the flat the defendant called upon him to indicate his quoteterms The plaintiff has relied on this letter dated 5th April 2002 which clearly by itself establishes that there was no contractprior 22 No document has been produced by the plaintiff which even remotely suggests that even thereafter there was ever any agreement to sell between the parties or that if there was any agreement what was the sale consideration and what were the other essential terms and conditions of the sale 23 The letter dated 5th of April 2002 also shows that it has been received by the plaintiff at Flat No4042 Sector B 56 VasantKunj New Delhi which is not the suit property This fact shows that the plaintiff was not residing in the suit property at the time of receipt of the letter dated 5 th April 2002 He was not in occupation of the suit property in terms of any agreement with the defendant The letter itself mentions several addresses of the plaintiff The plaintiff claims to be in possession of the flat But he fails to disclose 24 To make out a cause of action the plaintiff states that on 16th of May 2009 the defendant telephonically asked him to vacate the flat which was followed by the email dated 1st of July 2009 ExP2 also filed by the plaintiff from the defendant whereby the plaintiff was informed that the defendant would like to move his things from Hyderabad to Delhi from the end of the month The plaintiff was further requested therein that it would be helpful if he could hasten the process of shifting 25 This email triggered of the plaintiffs legal notice dated 11th of July 2009 raising a first time claim of an agreement to sell Notably this notice is as vague as the plaint So far as agreement to sell is concerned in the legal notice the plaintiff makes reference to during one of your business visits sometime in early 2001 after negotiations on or about the same time Consequent upon the said agreement paid you a sum of 50000 in cash at that time as advance In turn you handed over the keys of the flat We hasten to mention that this legal notice is referred to in the plaint and also filed on record by the plaintiff It is these very vague assertions which have been repeated in the plaint which has been extracted above 26 Let us look at the payments claimed by the plaintiff In para 9 of the plaint the plaintiff has claimed that he was not in a position to pay the balance sale consideration in one go and that therefore the defendant requested him to start paying a sum of 4000 each month as part of the sale consideration towards the flat that as such the plaintiff started depositing an amount of 4000 each month in cash in the defendants bank account with the UTI Bank now known as Axis Bank No date of when such request was made is 27 In the impugned judgment the learned Single Judge has noted the claim in para 13 of the plaint to the effect that on 9th of June 2005 he visited the respondents residence in Secunderabad and handed over a further sum of 50000 to one of the defendants relative in good faith as the respondent was not available at home 28 Inclusive of the payment claimed in para 13 the appellant states in para 16 of the plaint that he has tendered a sum of 450000 towards sale consideration 29 In para 15 of the plaint the appellant claims that on 16th of May 2009 he learnt from the neighbour that three persons had visited the flat and that when contacted on the telephone slip left with the neighbour the plaintiff found that it was the defendants phone number who refused to execute the necessary sale document as per the agreement 30 The plaintiff states that he made a police complaint on 18th of May 2009 in this regard which he has filed with the plaint We find that the police complaint filed in the suit by the plaintiff makes no reference at all to the defendant It also makes no reference to any agreement to sell or to any payment made by the plaintiff pursuant thereto 31 The plaintiff also relies on a photocopy of a letter dated 22 nd June 2005 which he claims to have addressed to the defendant There is no proof of dispatch of this letter A vague claim of having handed over 50000 to the respondents relative in Secunderabad is made therein However more eloquently there is no reference at all to any agreement to sell Even this letter does not state that any payment was made with regard to the sale consideration of the flat in question No reference to the deposit of 4000 is mentioned as any payment towards 32 Mr Suman Doval learned counsel for the appellant has taken us through the deposit slips filed by him to show that the appellant has deposited cash in the respondents account We place a summarization of the details thereof hereunder Date of the cash Deposits Amount 2nd of April 2004 48000 15th of June 2005 8000 5th of September 2005 10000 12th of March 2009 39000 11th of August 2010 12000 10th October 2005 8th November 2005 and 2nd 4000 x December 2005 3 12000 4th January 2006 10th February 2006 11th March 4000 x 2006 4th April 2006 9th May 2006 6th June 2006 12 5th July 2006 9th August 2006 4th September 2006 48000 3rd December 2006 8th November 2006 and 8th December 2006 3rd January 2007 6th February 2007 8th March 4000 x 2007 7th April 2007 8th May 2007 5th June 2007 12 6th July 2007 6th August 2007 3rd September 2007 48000 3rd October 2007 6th November 2007 and 8th December 2007 7th January 2008 2nd February 2008 8th March 4000 x 2008 5th April 2008 5th May 2008 5th June 2008 12 4th July 2008 6th August 2008 9th September 2008 48000 6th October 2008 5th November 2008 and 5th December 2008 5th January 2009 5th February 2009 9th March 4000 x 2009 6th April 2009 2nd May 2009 1st June 2009 12 11th July 2009 1st August 2009 8th September 48000 2009 14th October 2009 11th November 2009 and 9th December 2009 6th January 2010 12th February 2010 10th 4000 x March 2010 8th April 2010 and 13th May 5 20000 2010 Total number of deposits 56 Total 341000 Other than these arbitrary deposits there is no deposit slip for over four years 33 In the plaint it is the case of the appellant that he is occupying the property in the South East District of Delhi in Vasant Kunj a posh area of New Delhi since around March 2001 The instant suit was filed on 28 th of July 2009 that is nine years four months or 112 months thereafter The above mentioned deposit slips manifest that deposits of 48000 on 2nd of April 2004 8000 on 15th of June 2005 10000 on 5th of September 2005 39000 on 12th of March 2009 and 12000 on 11th of August 2010 thus totalling 34 The appellant in the plaint claims to have made several requests oral and in writing for execution of the necessary documents which have not been heeded by the appellant No details of the dates when such requests were made or the nature of documentation are given 35 On the aspect of what would be considered as an essential pleading reference may be made to para 21 of Popat and Kotecha Property Suprawherein the court elucidates the requirement of Order VI Rule 21 of the CPC in the following terms 21 Order VI Rule 21 of the Code states the basic and cardinal rule of pleadings and declares that the pleading has to state material facts and not the evidence It mandates that every pleading shall contain and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be but not the evidence by which they are to be proved 36 The distinction between material fact and particulars was also pointed out by the Supreme Court in Popat and Kotecha Property Supra in the following terms 22 There is distinction between material facts and particulars The words material facts show that the facts necessary to formulate a complete cause of action must be stated Omission of a single material fact leads to an incomplete cause of action and the statement or plaint becomes bad The distinction which has been made between material facts and particulars was brought by Scott LJ in Bruce v Odhams Press Ltd 1936 1 KB 697 37 The learned Single Judge has held that the entire bundle of facts pleaded read in the light of the documents of the plaintiff do not disclose a cause of action rather they show a clear contradiction The plaint also displays the clever methodology in drafting of the plaint adopted by the plaintiff to create an illusion of a cause of action 38 After considering the pronouncements of the Supreme Court on the parameters of consideration under Order VII Rule 11 of the CPC as well as the pleadings in the plaint in the impugned judgment dated 1st of July 2014 the learned Single Judge has concluded as follows i that no specific agreement to sell is pleaded or receipt evidencing any payment pursuant thereto to the defendant has been placed on record by the appellant or relied upon ii no receipt to support the appellants claim of payment of 50000 to any relative of the defendant on 9th of June 2005 has been produced Even the name of the relative is not mentioned in the plaint iii the bank slips showing deposit of 4000 per month in the account of the defendant do not indicate the purpose for which the amount is deposited iv the appellant has relied on the letter dated 25th of June 2005 sic 22nd of June 2005 which has been denied by the respondent v no proof of dispatch or delivery of the said letter has been filed on record The letter at best indicates that there is some discussion for the sale of the flat but does not indicate any terms or conditions for the sale vi there is nothing on record to support the plea that the amount of 4000 was being deposited by the appellant in the respondents bank account pursuant to any agreement to sell the flat or towards any part sale consideration By the impugned judgment dated 1st of July 2014 the learned Single Judge has thus found that the plaintiff has failed to disclose the essential pleadings with regard to agreement to sell sale consideration time frame within which the agreement must be performed amongst others 39 Learned counsel for the defendant has vehemently urged that the defendant has denied any agreement to sell with the plaintiff for sale of the flat that he has specifically stated that no payments were made at the defendants instance It is submitted that the plaintiff has tried to create evidence by unilaterally effecting deposits in a bank account which the defendant was not operating in Delhi fully knowing that the defendant was in Secunderabad at the relevant time Learned counsel for the defendant points out that even if it could be assumed that the defendant had proposed to accept sale consideration through monthly equated instalments of 4000 each then more than 54 years would be required for paying the entire sale consideration of 2600000 The defendants admitted age at the relevant time was over 50 years The defendant would have to live to be over 104 years of age to receive the alleged sale consideration It is urged that it is impossible that any person wanting to sell his property have agreed to such ridiculous suggestion as is propounded by the plaintiff 40 It is trite that at the stage of consideration of the objection under Order VII Rule 11 of the Code of Civil Procedure the court can not look at the defence 41 It is evident from the plaint and accompanying documents that the single payment acknowledged by the defendant is a cheque mentioned in the letter dated 5th of April 2002 which was sent by the plaintiff to the defendant at Secunderabad The plaintiff does not claim that this payment relates to any agreement to sell for the flat in question Of course the reason thereof is not disclosed by the plaintiff At this stage we can not examine the defendants case But the above discussion highlights one important aspect of the case It completely clouds the appellants claims about being called upon by the defendant to make the deposits in the bank account in Delhi towards any sale consideration for the flat 42 In the judgment reported at 2011 125 DRJ 570 Braham Singh v Sumitra Ors relied upon by Mr Ankit Jain learned counsel for the defendant it was held as follows 4 Some of the essential ingredients of an Agreement to Sell an immovable property are i identity of vendor and purchaser ii complete description of the property subject matter of the agreement iii amount of consideration to be paid by the purchaser to the seller iv time within which the agreement is to be performed and v earnest money if any paid to the vendor if one of these essential ingredients are missing the agreement between the parties would not amount to concluded contract A Division Bench of this Court in Mirahul Enterprises v Mrs Vijaya Srivastava AIR 2003 Delhi 15 referring to the provisions contained in Section 10 of Specific Relief Act observed that a true contract requires the agreement of the parties freely made with full knowledge and without any feeling of restraint and the parties must be adidem on the essential terms of the contract and in case it is an Agreement to Sell of immovable property the law requires that it must certainly identify the property agreed to be sold and the price fixed as consideration paid or agreed to paid Underlining by us 43 It is trite that the ingredients necessary to make out a legal valid and enforceable agreement to sell include i the date of the agreement ii the particulars of the consideration iii certainty as to party ie the seller and the purchaser iv certainty as to the property which was the subject matter of the agreement v certainty as to other terms relating to probable cost of conveyance to be borne by each of the parties vi time within which the conveyance of the property was to be effected There must have been clear consensus between the parties about 44 The learned Single Judge has observed that the plaintiff has failed to disclose the name of the relative to whom he handed over this huge sum of money on 9th June 2005 without taking any receipt thereof The claim is also unbelievable when read in the context of the above averments in para 9 of the plaint There is no averment in the plaint or material placed by the plaintiff to show that the appellant was possessed of such amount on the 9th of June 2005 or that he had drawn such amount from any bank account 45 The appellant has also placed on record the copy of the conveyance deed dated 31st August 2010 executed by the DDA in favour of the respondent conveying all title rights and interest of the flat in question to the respondent We find substance in the submission made by learned counsel for the respondent that this fact by itself reinforces the finding that there was no agreement to sell 46 Mr Ankit Jain learned counsel for the respondent has also placed reliance on the pronouncement of the Supreme Court reported at 2002 2 SCC 612 Mool Chand Bakhru Anr v Rohan Ors In this case the respondent was placing reliance on the several letters sent by the appellant Mool Chand Bakhru to the respondent based whereon it was submitted that thereby the appellant Mool Chand Bakhru had agreed to sell his half share of the property to the respondent It was urged that from the admission made by the appellant in these letters it has to be concluded that the Mool Chand Bakhru had agreed to sell the share and that the letters be taken to be the agreement to sell in which the terms of the agreement have been spelt out The Supreme Court had held as follows 15 We do not find any substance in this submission The letters written by Mool Chand can not be termed as an agreement to sell the terms of which have been reduced into writing At the most it is an admission of an oral agreement to sell and not a written agreement Statutorily the emphasis is not on a written agreement only In addition the emphasis is on the terms of the agreement as well which can be ascertained with reasonable certainty from the written document There was no meeting of minds Admission made by Mool Chand of an oral Section 53A spelling out the terms of an agreement for sale In our view the High Court fell in error in coming to the conclusion that the letters written by mool Chand referred to above constituted an agreement to sell the terms of which have been reduced in writing Terms necessary to constitute the transfer with reasonable certainty could not be ascertained from the letters written by Mool Chand to his uncle At the most it is an acknowledgment that there was an oral agreement to sell but the same could not be construed to be a written agreement to sell the Emphasis supplied 47 Our attention is also drawn to the Division Bench pronouncement of this court reported at 2006 88 DRJ 837 Hari Gokal Jewellers v Satish Kapur wherein on pleadings similar as the present it was held as follows 10 From the averments made in the plaint again there is no doubt that the plaint is vague ambiguous and does not contain any of the necessary particulars As already noticed the plaint must contain complete facts or a bundle of facts which would give rise to a cause of action as known and understood in law No details of time transaction amount and account have been given in the plaint The plaint only contains above 3 referred paragraphs which in our view by no stretch of imagination can be said to be inconformity with the provisions of the Code Not only this in the notice alleged to have been served upon the defendant the plaintiff had claimed a definite amount of Rs1739169 with interest 12 This demand was denied and disputed by the defendant in his reply dated 16th October 2004 Both these notices are available on record of the trial Court In the notice the appellant had raised no claim with regard to any rendition of account and even in the notice no such details were given The facts stated in the notice have not even been averred in the plaint that jewelery worth Rs1579169 against receipt was Emphasis by us 48 Learned counsel for the plaintiff has carefully taken us through the plaint as well as documents which were filed by him before the learned Single Judge In the case in hand as well other than vaguely pleading an oral agreement the plaint does not even suggest the date month or year when such agreement was arrived at between the parties The appellant has set up a plea that the agreement to sell was for a sale of the flat in question However admittedly the promised agreement to sell never came into existence No time or mode of execution of the conveyance or transfer of property is pleaded in the plaint nor is discernible from any of the averments or the documents filed by the appellant 49 The assertions in the plaint set out above as well as the documents relied upon by the plaintiff would show that the plaintiff has failed to disclose existence of any validenforceable agreement to sell entered into or executed between the parties in his favour with regard to the suit property Even if it could have been held that there was any agreement to sell none of the essential terms thereof are disclosed The plaintiff is unable to point out any date or time when he came to occupy the suit property or to support it by any averment in The plaintiff has therefore been unable to displace any of the findings of the learned Single Judge or the conclusion that the plaint failed to disclose cause of action Stage at which court would exercise jurisdiction under Order VII Rule 11 CPC 50 Mr Suman Doval learned counsel for the appellant finally placed an objection of desperation contending that it was not open to the court to reject the plaint after the defendant had been summoned in the case and had filed its pleading by way of written statement 51 In this regard reference needs to be made to the judgment of the Supreme Court reported at 1999 3 SCC 267 D Ramachandran v RV Janakiraman wherein the court reiterated the settled position in law in the following terms 132 It is trite that a party should not be unnecessarily harassed in a suit An order refusing to reject a plaint will finally determine his right in terms of Order 7 Rule 11 of the Code of Civil Procedure 133 The idea underlying Order 7 Rule 11a is that when no cause of action is disclosed the courts will not unnecessarily protract the hearing of a suit Having regard to the changes in the legislative policy as adumbrated by the amendments carried out in the Code of Civil Procedure the courts would interpret the provisions in such a manner so as to save expenses achieve expedition and avoid the courts resources being used up on cases which will serve no useful purpose A litigation which is in the opinion of the court is doomed to fail would not further be allowed to be used as a device to harass a litigant See Azhar Hussain v Rajiv Gandhi 1986 Supp SCC 315 SCC at pp 32435 Underlining by us 52 We may also refer to the observations of the Supreme Court in para 20 of the pronouncement reported in 2004 3 SCC 137 Sopan Sukhdeo Sable Ors v Assistant Charity Commissioner Ors While considering the mandate of Rule 11 of Order VII of the CPC in para 29 the Supreme Court authoritatively laid down as the duty of the court to proceed to reject the plaint when the conditions statutorily prescribed are satisfied 20 Rule 11 of Order VII lays down an independent remedy made available to the defendant to challenge the maintainability of the suit itself irrespective of his right to contest the same on merits The law ostensibly does not contemplate at any stage when the objections can be raised and also does not say in express terms about the filing of a written statement Instead the word shall is used clearly implying thereby that it casts a duty on the Court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities provided 11 does not preclude the plaintiffs from presenting a fresh plaint in terms of Rule 13 Emphasis supplied 53 The answer to the challenge by appellant is best answered in the observations of the Division Bench of this court in 2006 88 DRJ 837 Hari Gokal Jewellers v Satish Kapur wherein the court held as follows 4 While terming the arguments of the appellant as misplaced and misconceived in law counsel appearing for the respondent supported the judgment and decree of the trial Court in addition to the reasons stated therein on the ground that the plaint is vague and vexatious the suit is without any cause of action and that the defendant had a right to file application under Order 7 Rule 11 of the Code for rejection of plaint at any stage of the suit It was further stated that summons served upon the defendant were not for framing of issues but in any case such an argument would be without basis It is the contention of the respondent that in accordance with the settled principles of law the trial Court has not fallen in any error of law or jurisdiction in passing the impugned judgment 5 Firstly we may refer to the plaint filed by the plaintiffappellant Under Order 2 of the Code of Civil Procedure the plaint as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and must prevent further litigation The plaint should include the whole cause of action All parties necessary to the suit be impleaded The plaint must disclose cause of action and there has to be proper joinder of cause of action It is settled principle of law that the plaint filed by the plaintiff should neither be vague nor vexatious It is the abundant duty of the plaintiff to clearly and unambiguously plead his case It must clearly spell out the cause of action and the reliefs claimed against which of the defendants xxx 54 On this aspect reference may be made to the pronouncement of the Supreme Court reported at 2003 1 SCC 557 Saleem Bhai Ors v State of Maharashtra Ors wherein the Supreme Court held as under 9 A perusal of Order 7 Rule 11 CPC makes it clear that the relevant facts which need to be looked into for deciding an application thereunder are the averments in the plaint The trial court can exercise the power under Order 7 Rule 11 CPC at any stage of the suit before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial For the purposes of deciding an application under clauses a and d of Rule 11 of Order 7 CPC the averments in the plaint are germane the pleas taken by the defendant in the written statement would be wholly irrelevant at that stage therefore a direction to file the written statement without deciding the application under Order 7 Rule 11 CPC can not but be procedural irregularity touching the exercise of jurisdiction by the trial court The order therefore suffers from non exercising of the jurisdiction vested in the court as well as procedural irregularity The High Court however did not advert to these aspects Emphasis by us 55 The mandate of the Supreme Court therefore in unambiguous terms is that an order of the trial Court directing the defendants to file written statement without deciding the application under Order VII Rule 11 of CPC is contrary to the scheme of the Code and is a procedural irregularity As noted above no application is necessary for the court to exercise jurisdiction and to conduct the scrutiny to ascertain whether the plaint discloses a cause of action or not This thus is the primary and fundamental duty of every court 56 On this aspect in Popat and Kotecha Property supra in para 23 the court held as follows 23 Rule 11 of Order VII lays down an independent remedy made available to the defendant to challenge the maintainability of the suit itself irrespective of his right to contest the same on merits The law ostensibly does not contemplate at any stage when the objections can be raised and also does not say in express terms about the filing of a written statement Instead the word shall is used clearly implying thereby that it casts a duty on the Court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities provided Emphasis supplied 57 It therefore needs no reiteration that the provisions of Order VII Rule 11 of the Code of Civil Procedure are imperative and if the plaint discloses no cause of action it has to be rejected at the earliest The fact that the defendant has entered appearance and filed his written statement is of no relevance and is absolutely inconsequential There is no question of proceeding to trial with a plaint which discloses no cause of action We could have dismissed the present appeal in the light of the above discussion However parties pressed arguments on two additional aspects which were heard and are considered hereafter Plaint barred by the law of limitation and therefore liable to be rejected under Order VII Rule 11 d of the Code of Civil Procedure 58 During the course of hearing one important question was raised It was pointed out that suit was hopelessly barred by limitation and therefore would be required to be rejected under Order VII Rule 11d of CPC as barred by law as well We have discussed at length the vague pleadings in the plaint and the failure to disclose any date on which agreement was reached between the parties or terms thereof We have heard learned counsels for both sides at length on this aspect as well 59 It is trite that a suit filed beyond the prescribed period of limitation under the Limitation Act is barred by law 60 The question as to whether a suit is barred by limitation or not depends upon the facts and circumstances of each case For assessing as to whether the suit claim is barred by law for the purposes of Order VII rule 11d of the CPC also only the averments in the plaint and documents relied upon by the plaintiff are relevant At this stage the court can not consider the case of the defence Ref 2007 14 SCC 183 C Natrajan v Ashim Bai Anr 2005 7 SCC 510 Popat and Kotecha Property v State Bank of India Staff Association 61 Mr Suman Doval learned counsel for the plaintiff has placed reliance on the pronouncement of the Supreme Court reported at 2006 3 SCC 634 Gunwant Bhai Mulchand Shah Ors v Anton Elis Farel Ors to urge that there is no illegality if no date has been fixed for subsequent performance of the contract It is urged that in order to conclude the date from which limitation for filing the suit which was for specific performance of an agreement to sell had to commence the court had to find the date on which the plaintiff had notice that the performance was refused Our attention is drawn to para 12 of this precedent which reads as follow 12 The question as to how long a plaintiff even if he had performed the whole of his obligations under an agreement for sale in which a time for performance is not fixed could keep alive his right to specific performance and to come to court after 29 years seeking to enforce the agreement may have also to be considered by the court especially in the context of the fact that the relief of specific performance is discretionary and is governed by the relevant provisions of the Specific Relief Act But again these questions can not be decided as preliminary issues and they are not questions on the basis of which the suit could be dismissed as barred by limitation The question of limitation has to be decided only on the basis of of the Limitation Act and when the case is not covered by the first limb of that Article normally the question of limitation could be dealt with only after evidence is taken and not as a preliminary issue unless of course it is admitted in the plaint that the plaintiffs had notice that performance was refused by the defendants and it is seen that the plaintiffs approached the court beyond three years of the date of notice Such is not the case here 62 In the present case by the letter dated 5th of April 2002 the defendant was in fact calling upon the respondent for his quotation of a price for the flat Therefore even if it could be held that the plaint discloses a valid and confirmed agreement to sell arrived at in 2001 as pleaded the para 3 of the letter dated 5th of April 2002 reproduced hereinabove clearly shows that the defendant had unequivocally repudiated the same This letter tantamounted to a clear repudiation of such agreement and declared his refusal to even acknowledge let alone perform any agreement if one existed 63 Therefore so far as an agreement to sell in the year 2001 is concerned then this letter by itself would have given cause of action to the appellant to file the suit for specific performance of the alleged agreement against the respondent No other or further agreement to sell is pleaded by the appellant In the present case the plaintiff can not lead evidence on what is not pleaded The judgment in Gunwant Bhai Mulchand Shahsupra requiring evidence to be led for deciding the issue of limitation was rendered in the facts of that case It does not lay 64 Article 3 of the Schedule to the Limitation Act prescribes the limitation of three years for filing the suit for specific performance from the date when the seller refuses to perform his part of the agreement Such limitation would in the present case have therefore commenced on the receipt of the letter dated 5th of April 2002 from the respondent The period of limitation of three years therefrom would have come to an end in April 2005 No further material to so conclude is required in the face of the averments in the plaint and the document of the plaintiff The suit filed on 31st of July 2009 thus was hopelessly barred by limitation on this date The plaint was therefore also barred by law and liable to be rejected under Order VII Rule 11d of the CPC as well Discretion to decree specific performance 65 The plaintiff has couched the prayer in the plaint as seeking a direction that is as a mandate or a command to the defendant to execute the registered document of conveyance in his favour Such prayer is premised on the plea that the parties had entered into an agreement to sell for the flat The same is really in the nature of a decree for specific performance of the agreement to sell which contains a covenant to execute such conveyance The plaint does not disclose any details or term of the agreement to sell It is well settled that 66 It is urged that in the present case even if it could be held that there was a valid agreement to sell executed by the defendant in favour of the plaintiff the plaintiff would not be entitled to a decree as prayed for in the light of the principles laid down by the Supreme Court in 1987 Supp SCC 340 Parakunnan Veetill Josephs Son Mathew v Nedumbara Kuruvila s Son Ors wherein the court held as follows Section 20 of the Specific Relief Act 1963 preserves judicial discretion to Courts as to decreeing specific performance The Court should meticulously consider all facts and circumstances of the case The Court is not bound to grant specific performance merely because it is lawful to do so The motive behind the litigation should also enter in the judicial verdict The Court should take care to see that it is not used as an instrument of oppression to have an unfair advantage to the plaintiff 67 In a pronouncement reported at 2001 6 SCC 600 AC Arulappan v Ahalya Naik Smt the court held as follows 7 The jurisdiction to decree specific relief is discretionary and the court can consider various circumstances to decide whether such relief is to be granted Merely because it is lawful to grant specific relief the court need not grant the order for specific relief but this discretion shall not be exercised in an arbitrary or unreasonable manner Certain circumstances have been mentioned in Section 202 of the Specific Relief Act 1963 as to under what circumstances the court shall exercise such discretion If under the terms of the contract the plaintiff gets an unfair advantage over the Defendant the court may not exercise its discretion in favour of the plaintiff So also specific relief may not be granted if the Defendant would be put to undue hardship which he did not foresee at the time of agreement If it is inequitable to grant specific relief then also the court would desist from granting a decree to the plaintiff 68 In 1987 Supp SCC 75 Damacherla Anjaneyulu Anr v Damcherla Venkata Seshaiah Anr the High Court declined to grant a decree for specific performance in favour of the plaintiff even though the defendant was guilty of breach of agreement That was a case where the defendant had constructed costly structures and if a decree for specific performance was granted in favour of the plaintiff the defendant would have been put to special hardship The Supreme Court directed the defendant to pay compensation to the plaintiff 69 Our attention is drawn to a decision reported at 1996 5 SCC 589 Lourdu Mari David Ors v Louis Chinnaya Arogiaswamy Ors wherein the plaintiff who sought a decree of specific performance of an agreement to purchase immovable property filed the suit with incorrect and false facts In the plaint it was alleged that the plaintiff was already given possession of Door No253 as a lessee and he was given possession of Door No 153 on the date of the agreement itself But he did not give any evidence that he had got possession of Door No153 on the date of agreement It was found that his case as regards Door No153 was false He also alleged that he had paid 400 in addition to the sum of 4000 paid as advance but this was proved to be an incorrect statement He alleged that the third defendant had inspected the house during the course of negotiations but this also was found to be false The court held that it is settled law that the party who seeks to avail of the jurisdiction of a court and specific performance being equitable relief must 70 In 2000 7 SCC 548 Gobind Ram vs Gian Chand it was observed in paragraph 7 of the judgment that grant of a decree for specific performance of contract is not automatic and is one of the discretion of the court and the court has to consider whether it would be fair just and equitable The court is guided by the principles of justice equity and good conscience 71 The discussion by the learned Single Judge with regard to the averments in the plaint which have been also noticed by us above as well as documents filed by the appellant plaintiff clearly establish that appellant had not filed the plaint with clean hands 72 We may usefully refer to the observations of the Supreme Court in the case reported at AIR 1994 SC 853 SP Chengalvaraya Naidu dead by LRs v Jagannath dead by LRs and Ors wherein the court considered the effect of a plaintiff failing to plead material facts or to place the material documents before the court It was held as follows 7 We do not agree with the High Court that there is no legal duty cast upon the plaintiff to come to court with a true case and prove it by true evidence The principle of finality of litigation can not be pressed to the extent of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants The courts of law are meant for imparting justice between the parties One who comes to the court must come with clean hands We are constrained to say that more often than not process of the court 73 In para 8 of the case it was further observed as follows 6 A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another It is a deception in order to gain by anothers loss It is a cheating intended to get an advantage xxx A litigant who approaches the court is bound to produce all the documents executed by him which are relevant to the litigation If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well as on the opposite party Emphasis supplied 74 In the instant case even in the prayer clause the plaintiff does not disclose any details of the alleged agreement to sell The plaintiff having concealed material facts from the court as well as having set up a fraudulent plea is disentitled to any relief and was in any case liable to be nonsuited summarily Conclusions 75 During the course of his submissions Mr Doval buttressed his arguments repeatedly adverting to the education and training of the appellant as a highly qualified professional employed with one of the topmost corporate houses of the country The responsibility to make only lawful claims upon true and fair factual disclosures rests more stringently on those so positioned in society 76 The appellant has gone to the extent of propounding an agreement to make payments towards immovable property way beyond the life expectation of a normal human being 77 The present appeal premised on a baseless claim is a clear abuse of the process of law to grab property over which the appellant has no right is a conscious breach of such duty and is similar to that noticed in para 7 of SP Chengalvaraya Naidu supra The appellant has caused wastage of precious judicial time and is consequently liable to be burdened with heavy costs Result

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