Showing : 301-310 of 826 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint rejected without affording opportunity of hearing to parties - Several rights decided without properly considering them - Trial Court acted in exercise of its jurisdiction illegally or with material irregularity - Impugned order of rejecting plaint set aside - Matter..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plea U.O.7.R.11 CPC can be raised at any relevant time and even before filing of written statement...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Possession delivered in pursuance of unregistered agreement to sell - Restraining defendant not to interfere in possession of plaintiff over it and not to create obstruction in construction being carried out by plaintiff - Unregistered agreement to sell is inadmissible in..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court has to see averments in plaint to decide whether suit discloses triable cause of action - A meaningful and not a formal reading of plaint has to be adopted to determine whether plaint discloses cause of action or a clever drafting methodology has been used to create a..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Question as to whether property in dispute in civil suit and writ petition are same or different - It is a question of fact which can be decided only after parties lead evidence - Dismissal of application - No interference warranted...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Earlier suit for declaration challenging sale deeds was withdrawn without reserving any right or liberty to file any fresh suit - Permission of Court not sought in that regard - As per provision of O.23.R.1(4) CPC, no, applicant precluded from instituting subsequent suit for..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Earlier suit withdrawn without reserving any right or liberty to file any fresh suit - Fresh suit seeking same relief is not maintainable - Absence of one of defendant in subsequent suit cannot be a ground for refusing prayer for rejecting plaint...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4-- Rejection of plaint - Non-disclosure of cause of action - Averments of plaintiff qua alleged fraud, deceit, misrepresentation and undue influence attributed to defendant No.3 are completely lacking - Averments do no comply with O.6.R.4 CPC - Plaint qua defendant No.3 rejected - Defendant No.3 is..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu..........

Showing : 301-310 of 826 Results