Showing : 31-40 of 843 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - While deciding an application U.O.7.R.11(d) CPC, Court is not competent to go into correctness or otherwise of allegations contained in the plaint - Plaint can only be rejected if the statement in plaint without any addition or subtraction appears to be barred by law...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Questions sought to be raised by defendants are open to be raised by them by filing a written statement - Issue regarding limitation in filing suit remains a mixed question of law and facts - Obviously, contentious issues shall be adjudicated by Court on the basis of evidence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - If pleadings made by plaintiff have created an illusion in respect of cause of action, remedy available to defendant is to resort to O.10 CPC in accordance with law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - To decide application only averments made in plaint are to be seen...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Land in question contended to be agricultural land for which civil Court had no jurisdiction to try suit - However, perusal of plaint and documents annexed thereto reveals that nowhere in plaint, it is mentioned that suit land is agricultural land - Plaint not..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - To decide application, only averments made in plaint and documents annexed thereto are to be considered...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for specific performance - Suit barred by time - Payment of further amount after expiry of period of limitation to file suit does not extend the period of limitation to file suit - Suit filed after expiry of limitation to file suit is barred by limitation - Plaint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is..........

Showing : 31-40 of 843 Results