Showing : 271-280 of 835 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Jurisdiction of Court, cause of action and plaint whether barred by time has to be ascertained on the plaint averments by reading it as a whole and not by considering probable defence of defendants...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for declaration between two government corporations - Plaint rejected by High Court on the ground that permission from Committee on Disputes (COD) was not obtained before institution of suit - However, absence of such permission was not a fatal defect, as filing of suit..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint Res judicata - Not a ground to reject plaint - Res judicata is a mixed question of law and fact and it requires evidence to be recorded to decide it...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - While deciding application for rejection of plaint, Court is not competent to go into correctness or otherwise of allegations contained in plaint - Plaint is only rejected if statement in plaint without any addition or subtraction appears to be barred by law...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Where plaintiff claims accrual of cause of action on the basis of definite pleadings, question with regard to limitation, which is mixed question of law and facts, has to be decided by Court on the basis of evidence to be led by parties, after framing..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court not to go into correctness or otherwise of allegations contained in plaint - Plaint is only rejected if statement in plaint without any addition or subtraction appears to be barred by law...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Once an application is filed to reject plaint, Court has to dispose of the same before proceeding with the trial...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for rejection of plaint can be filed at any stage of suit - Defendant is entitled to file application for rejection of plaint before filing his written statement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Rejection of plaint cannot be on the basis of allegations in written statement or on the basis of allegations in the application for rejection of plaint - Court has to consider only the plaint as a whole...........

Showing : 271-280 of 835 Results