(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed in IA.No.4 of 2022 in OS.No.14 of 2013 dated 06.11.2025 on the file of the I Additional District and Sessions Court, Vellore.)

1. Challenging the impugned order dated 06.11.2025 in IA.No.4 of 2022 in OS.No.14 of 2013 on the file of the I Additional District and Sessions Court, Vellore, the third defendant has preferred this revision.

2. The third defendant has filed an application before the trial court under Order VII Rule 11 CPC praying to reject the plaint stating that there is no cause of action and the suit is also barred by limitation as there is no enforceable agreement between them and the alleged unregistered document also would not confer any right in respect of the ownership and possession of the property. Therefore, on these grounds they want to reject the plaint. The said application was objected by the plaintiff by stating that there was a sale agreement between them dated 15.02.2007 and for a part of sale consideration for Rs.69,50,000/-, they paid an advance of Rs.59,50,000/- and possession also been handed over and thereafter due to strained relationship, they came forward with the suit in the year 2013 to enforce the sale agreement and the defendant appeared and trial also begun. At the stage they came forward with the application to reject the plaint. Considering all these facts and circumstances, the trial court had dismissed the application by holding that if at all insufficient stamp is affixed, it can be rectified and in respect of the possession of the property, the plaintiffs relied on a possession receipt based on which the plaintiff claimed possession of the property. But admittedly the sale agreement is an unregistered one. There is a legal issue based on that only the issue can be adjudicated. Therefore, to reject the plaint on the grounds raised by the defendant is not sustainable and accordingly, it was dismissed. But the court also dismissed the application with cost. Aggrieved over the same, the 3rd defendant has preferred this revision.

3. It is settled proposition of law that the Order VII Rule 11 CPC has to be considered to reject the plaint and the plaint averment alone is taken into consideration. Based on the plaint averment in OS No.14 of 2013 before the District Court, Vellore, the plaintiffs filed the suit for the relief of specific performance against the defendants and now written statement was also filed and at the time, before commencement of the trial, the defendants filed application in IA No.4 of 2022 and nearly about ten years later from the date of the suit, prayed to reject the plaint. But on seeing the relief, the plaintiffs sought for the relief of execution of the sale deed or alternative remedy of refund of the amount. To that effect, along with plaint, he has produced seven number of documents and first document is dated 15.02.2007, an unregistered document and thereafter another document relied is unregistered receipt. Before commencement of the suit, there was issuance of the notice and thereafter he come forward with the suit for specific performance and other consequential reliefs and for the cause of action, the plaintiff has stated that the sale price was fixed and they paid amount of Rs.59,00,000/- and thereafter Rs.10,00,000/- alone is the balance, the possession ought to have been handed over to him. Since the first defendant died and his legal heirs were not brought agree to comply the terms, therefore the suit arose. On bare perusal of the plaint he has narrated the fact, based on which the suit was filed. If at all the any defence available, the defendant has to workout the remedy before the trial court and the defendant is entitled to raise objection with regard to the unregistered sale agreement as well as the unregistered possession receipt. But to that effect the parties are bound to adduce evidence and bare averments in the plaint cannot be rejected. To that effect, the findings rendered by the trial court requires no interference. The trial court is directed to dispose the case within a period of five months from the date of receipt of a copy of this order.

4. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.