SELVAM M (DIED) vs SRI HARI R (DIED) — 28/2025

SUMMARY: The Additional District Judge, Vellore dismissed an application filed under Order 7 Rule 11 CPC to reject the plaint in a specific performance suit. The defendants argued that the plaintiff failed to exhaust mandatory remedies under the Registration Act (Sections 71-77) before filing suit, thus lacking cause of action. However, the court found that the plaint disclosed sufficient cause of action based on its averments, and questions regarding non-exhaustion of remedies constitute disputed matters of fact to be decided during trial, not at the rejection stage. The court imposed costs on the petitioners for raising this plea belatedly after 15 years without mentioning it in their written statement filed in 2023. This case analysis is maintained by casestatus.in based on publicly available court records.