Showing : 801-810 of 843 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11(e), 11(f)-- As amended - Clauses (e) & (f) are procedural and would not require automatic rejection where plaint is not filed in duplicate or where the plaintiff fails to comply with provisions of O.7.R.9 CPC - Court should ordinarily give an opportunity before rejecting plaint on these grounds...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Absence of prayer for relief against applicant/defendant - Rejection of plaint - Averment in plaint showing that plaintiff had cause of action against applicant/defendant and that the cause of action was also disclosed in plaint - Lapse of not claiming relief appears to be inadvertent - Prayer for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Sufficient Court fee not paid - Rejection of plaint - Application dismissed - Revision against - Contention that an issue can be framed after filing of the written statement - Contention cannot be accepted as the impugned order would always cause obstruction in the success of such an application -..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint should be taken as it is and application should be considered on the basis of averments in the plaint itself and no external aid is available to Court for the purpose - Court should be rather hesitant to exercise jurisdiction under Order 7 Rule 11 unless factual score..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - No explanation whatsoever available in the plaint as to the situation under which suit filed after a long period of about 40 years - Deed of sale unassailed for a period of over 50 years - Litigation utterly vexatious and abuse of the process of Court - Rejection of plaint..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - So long as plaint discloses cause of action even for one relief, plaint cannot be rejected...........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit when barred against some of the defendants - Proper course is to strike out the names of the defendants against whom there is no cause of action or the suit is barred by law and allow it to proceed against the rest...........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Provision can be invoked at any stage of the suit - Court is authorised to reject the plaint where the suit appears from the statement in the plaint itself to be barred by any law and that too at any stage of the suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For determination Court can look into the plaint and documents filed on record and more particularly the documents which have been referred in the plaint - Written statement cannot be referred or relied upon...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Where on the face of it, the plaint does not disclose any cause of action, the plaint may be liable to be rejected - Where the parties are to produce oral and documentary evidence to substantiate and support their cause of action and relief claimed for in the plaint, Court..........

Showing : 801-810 of 843 Results