Code of Civil Procedure [V of 1908]
Order 7, Rule 11 read with Succession Act [XXXIX of 1925]
Section 57, 58 and 213 read with Mohammedan Law
Section 117 It is now well settled that when on the face of the plaint, it is found that the suit is barred by any law or is foredoomed and if it is allowed to be proceeded with, it will amount to an abuse of the process of the Court, the Court is empowered to reject the plaint in exercising its inherent power. The application under order 7, Rule 11 of the Code of Civil Procedure rejected the plaint on the ground that according to the provisions of Section 213 of the Succession Act, 1925 a Mohammedan cannot establish his right as executor or legatee. The Appellate Division held that the High Court Division without considering the pertinent legal issue that the provisions of Succession Act and Mohammedan law the probate case is not maintainable, passed the impugned judgment simply holding that without taking evidence, the dispute between the parties cannot be resolved, and as such committed serious error of law and the impugned judgment is liable to be set aside. Accordingly, the appeal is allowed.....(21 & 21) [31 ALR (2024) (AD) 9]
