Showing : 11-20 of 843 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Question of res judicata may be considered at the stage of deciding application U.O.7.R.11 CPC, if evidence is not required...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court decided to consider injunction application first in view of emergent nature of case - Order upheld - However, trial Court to decide application for rejection of plaint immediately after taking decision on injunction application...........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of plaintiff and appeals against the..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Basic question to be decided while dealing with an application filed U.O.7.R.11 CPC, is whether a real cause of action has been set out in plaint or not...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For the purpose of deciding an application U.O.7.R.11(d) CPC, averments in plaint are germane, pleas taken by defendant in written statement would be wholly irrelevant at that stage...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Question of limitation is a mixed question of law and fact, but if a bare reading of plaint transpires that suit is barred by limitation, same can be treated as a suit barred by law...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action accrued to plaintiff though not disclosed meticulously in plaint, but upon meaningful construction of averments, plaintiffs have made endeavor to plead in plaint that cause of action has accrued to them on various dates in terms of averments made in plaint -..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Specific issue with regard to limitation framed - Issue of limitation is mixed question of law and fact - Plaint not liable to be rejected...........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Nothing but a bundle of facts and therefore, cause of action or joinder or misjoinder of party, cannot be made subject matter of exercise of O.7.R.11 CPC...........

Showing : 11-20 of 843 Results