Legal Principle - Rejection of Plaint on the grounds of failure to disclose Cause of action – complaining the loss of air and light - Sufficiency of pleadings:
On going through the contents of the plaint without even referring to the report of the expert which has to undergo credibility test during the course of evidence between the parties, one has to see whether a meaningful reading of the plaint would allow us to throw the plaint at threshold for want of cause of action. Several paragraphs are referred to in the impugned order.
It is also pertinent to mention that number of paragraph indicating the case of the plaint would not determine the fact whether there is cause of action or not. Even in one paragraph, the plaintiff could express what is the basis upon which he comes to Court complaining the loss of air and light. Reading of paragraph 11 indicates that insufficient light and air for ordinary habitancy is the main cause of action for complaining the actionable nuisance. One should not look at how many times the actionable nuisance is complained of.
Whether a case is made out which amounts to actionable nuisance has to be looked into. One has to see whether the reasonable and prudent thinking mind would get such apprehension as in the case before us with the facts and situation involved in the present lis. (CPC 1908, Order VII Rule 11(a)) (Calcutta High Court - 2014)