Vexatious Suit Without Cause of Action – Rejection under Order VII Rule 11 CPC
Judgment dated 2.9.2026 of the High Court of Bombay in Civil Revision Application No.57 of 2020 of Laxmi charitable Trust and others Vs. Laxmi Estate Coop Housing Society Ltd and others with connected revision.
Civil Suit Rejected as Vexatious & Devoid of Cause of action – Order VII Rule 11 of CPC
Litigation without cause of action – A case for rejection of Plaint
Bombay HC on Clever Drafting & Real Cause of Action to File Suit
The plaintiffs housing societies filed civil suit for declaration for joint ownership of suit property including amenity area, facility on the layout and also sught conveyance of recreation ground and FSI.
The defendants’ application for rejection of plaint under Order VII rule 11 of the CPC was dismissed.
Thus, on a holistic reading of the entire Plaint, it is more than apparent that the Suit discloses no cause of action. As aforesaid, the Plaintiffs have already secured conveyance in respect of Sub-Plot Nos. A, B and C on 27 November 2015 and 30 May 2017. They are now seeking to establish rights in respect of what is being operated by Defendant Nos.3 and 10 Trusts as college and Girls’ schools. It is unfortunate that the playground used by college and Girls’ schools are sought to be claimed by the Plaintiffs-Society. The suit is thus clearly vexatious.
Applying the above principles to the facts of the present case, it is seen that the documents attached with the Plaint are the basis for filing of the suit. Perusal of the conditions of sanctioned layout and development permissions granted qua Sub Plot Nos. A, B and C leaves no manner of doubt that there is no cause to sue. The suit is also based on non-existent provision of MOF Rules. On a meaningful reading of the Plaint together with the documents attached therewith indicates that there is no remote chance of the Plaintiffs succeeding in the Suit. The entire Plaint is essentially premised on two averments, which are demonstrably false and are cleverly drafted to make a picture of accrual of a cause of action, which none actually exists. The Suit is manifestly vexatious as the same is based on pleadings which are contrary to documents accompanying Plaint or on non-existent provision of law.
