Vinod Infra Developers Ltd. Vs. Mahaveer Lunia

Vinod Infra Developers Ltd. Vs. Mahaveer Lunia:23 May 2025:Civil Appeal No. 7109 of 2025: 2025 INSC 772S:upreme Court of IndiaH:on'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice R. Mahadevan

Law Settled:

1. Rejection of Plaint under Order VII Rule 11 CPC:
   A plaint can only be rejected at the threshold if it does not disclose a cause of action, is barred by any law, or is deficient in valuation or court fee. The examination must be confined to the plaint itself. Where even one cause of action survives, the plaint cannot be rejected in its entirety. [Central Bank of India v. Prabha Jain, 2025 INSC 95]

2. Unregistered Agreement to Sell & Power of Attorney:
   Unregistered agreements to sell and powers of attorney cannot confer title or interest in immovable property. Such documents are inadmissible for the purpose of transferring property rights under Sections 17, 23, and 49 of the Registration Act, 1908 and Section 54 of the Transfer of Property Act, 1882. [S. Kaladevi v. V.R. Somasundaram, (2010) 5 SCC 401; Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656]

3. Revocation of Power of Attorney:
   If a power of attorney is revoked before execution of sale deeds, any subsequent transaction made under that power is void ab initio.

4. Triable Issues & Civil Court Jurisdiction:
   Questions relating to title, validity of sale deeds, and redemption of mortgages are triable issues and must be adjudicated by civil courts, not revenue authorities. Mutation entries do not confer title. [Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186]

5. Insufficient Court Fee:
   A plaint cannot be rejected solely for deficient court fee without giving the plaintiff an opportunity to rectify the defect. [Tajender Singh Ghambhir v. Gurpreet Singh, (2014) 10 SCC 702]