Showing : 411-420 of 826 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - If on the face of it suit is barred by limitation, Court can exercise its discretion to reject plaint unless Court finds that issue of limitation is to be determined after trial...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - If by means of clever drafting a camouflage has been created in order to create an illusion of a cause of action then such cases should be nipped in the bud at the first hearing itself i.e. even before admitting the suit and issuing summons or any time..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - `Disclosure of cause of action' and `existence of cause of action' - Distinction - Plaint can be rejected only when it fails to disclose cause of action as distinguished from existence of cause of action - Courts have to maintain distinction between the two - To decide..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action is that bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in suit - So long as plaint discloses some cause of action or raises some questions of facts to be decided by Court, mere fact that case is weak and..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for specific performance - Defendant sent a letter in 2002 to plaintiff for repudiation of agreement - Art.3 of Limitation Act prescribes 3 years limitation period for filing suit for specific performance from the date when seller refuses to..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for specific performance - Plaint does not disclose any details or terms of agreement to sell - No documents produced by plaintiff with regard to agreement to sell, sale consideration, time frame within which agreement must be performed amongst others - Plaint displays..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Suit for partition - Sale deed executed by defendant alleged to be illegal, null and void but no prayer made for setting aside said sale deed - Unless sale deed is set aside, no cause of action for partition arises in favour of plaintiff - Plaint is liable..........

Showing : 411-420 of 826 Results