Showing : 41-50 of 843 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11-- Rejection of plaint - Suit against foreign State - Consent of Central Government - U.O.7.R.11 CPC only averments in plaint and documents annexed thereto have to be examined and believed to be true and correct - Therefore, in absence of Central Government, legality and validity of sanction u/s..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11-- Rejection of plaint - Suit against foreign State - Consent of Central Government - In absence of Central Government, Court cannot reject the plaint U.O.7.R.11 CPC against foreign State on the ground that consent u/s 86 CPC, although obtained in writing, is substantively invalid...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Dismissal of application - Attention of Court drawn towards plea in written statement - Held, while deciding application U.O.7.R.11 CPC, Court is required to see averments made in the plaint - Court is not required to see the averments in the written statement or the stand of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Defence raised by defendant cannot be considered to decide application for rejection of plaint...........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Only averments made in plaint in its entirety are to be considered while deciding application for rejection of plaint...........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Validity of marriage - To be decided only after parties lead evidence - The same cannot be decided in an application for rejection of plaint...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4-- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........

Showing : 41-50 of 843 Results