Rejection of Plaint Under Order VII Rule 11 CPC for Lack of Waqf Tribunal Jurisdiction

In evaluating an application for rejection of plaint under Order VII, Rule 11 of the Code of Civil Procedure, 1908, in a suit instituted before the Waqf Tribunal, the Tribunal must strictly examine the plain averments in the plaint to determine whether it has subject-matter jurisdiction to entertain the action. Where the plaint seeks a decree of perpetual injunction in respect of a property that is neither published in the list of auqaf under Section 5(2) nor registered under Section 37 of the Waqf Act, 1995, the mandatory pre-requisites for exercising jurisdiction under Sections 6(1) and 7(1) are demonstrably absent on the face of the record. Furthermore, where the relief claimed does not fall under any specific statutory provision conferring jurisdiction on the Tribunal (such as Section 54 for CEO-initiated encroachment removal), the suit before the Waqf Tribunal is barred by law. In such circumstances, the Waqf Tribunal is duty-bound to allow the Order VII Rule 11 application and reject the plaint, leaving the parties free to agitate their rights before the competent Civil Court. (Habib Alladin & Ors. v. Mohammed Ahmed | 2026 INSC 90)