Showing : 151-160 of 843 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Parties already led their evidence - Case is fixed for final arguments - Application U.O.7.R.11 CPC cannot be accepted at this stage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Issues of res judicata, constructive res judicata and limitation are to be decided on basis of evidence on record - Plaint cannot be rejected on these issues - Further, issue of Court fee can be decided by Court by passing any contingent/conditional decree...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Guardians and Wards Act, 1890, Section 7, 9, 11, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a)-- Rejection of plaint - Custody petition - Petition by wife - Both husband and wife acquired USA citizenship - Even, marriage of parties took place first in USA and first child of parties was born in USA - Simply because marital discord took place between parties later on, which made wife flee from..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of law - O.7.R.11 CPC permits dismissal of plaint which is on the face of it barred by law...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Frivolous suit and suit abuse of process of Court - Frivolous suit should be nipped in the bud i.e. at the initial stage itself - Suit on a meaningful reading of plaint is completely frivolous and only an attempt to abuse the process of Court to delay the eviction petition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action not defined in CPC - It means right to sue and consists of material facts which are imperative for plaintiff to allege and prove in order to succeed in suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Plea of limitation is mixed question of law and fact - Plaint cannot be rejected on ground of limitation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiffs claimed birth right in suit property being coparcener - Claim of coparcenary rights in plaint is dependent upon material to be proved on record by way of evidence - No strict opinion can be formed at the..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Restoration of suit - O.7.R.13 CPC though provides for an opportunity to plaintiff to file a fresh suit, however, it may not tantamount to an absolute bar in filing an application for restoration of suit as no such prohibition is prescribed U.O.7 CPC and unless there is an..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(f), 13-- Restoration of plaint - Rejection of plaint U.O.7.R.11(f) CPC - There is no prohibition U.O.7.R.13 CPC that plaintiff can file only fresh suit and cannot seek restoration of plaint - Moreover, restoration application is totally silent about invoking any provision under CPC - Exercise of..........

Showing : 151-160 of 843 Results