Showing : 431-440 of 826 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Reliefs claimed by plaintiff barred by limitation - Held, when suit of plaintiff is clearly barred by law then plaint is liable to be rejected. (Paras 66, 70, 81,83, 86, 87 & 103)..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Limitation - In order to find out whether suit is barred by limitation the same has to be manifest from a reading of the plaint and no amount of evidence can be looked into...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court not to pick out submissions in plaint in isolation but has to conduct a meaningful reading of plaint - If Court concludes that suit claims are barred by law, it has no option but to reject plaint...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court to confine its consideration to plaint together with documents filed and relied upon by plaintiff - Court should take the plaint averments as well as documents filed along with plaint as correct...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration without seeking relief of possession - Defendant in possession of some of the portion of suit property - Suit barred by S.34 of Specific Relief Act - Suit rightly rejected - However, it is open for plaintiff to file fresh suit as provided U.O.7.R.13 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 13-- Rejection of plaint - Divorce petition filed by wife in Indian Court - Cannot be rejected on the ground that husband had already obtained a decree of divorce from a Foreign Court, as it is not a ground for rejection of plaint - However, husband can raise plea of res judicata as one of defences -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred U.O.9.R.9 CPC - Where previous suit has been dismissed in default for no, appearance of plaintiff, subsequent suit based on same cause of action is to be seen from pleadings of parties in earlier suit - From the averments of plaint itself all these facts are not..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit against dead person - Substantial relief claimed against dead person - Suit, held, not maintainable - Plaint rejected...........
GUJARAT HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Rejection of application on the ground that advocate of applicant is not present and application remained pending for ten years - Impugned order is not only cursory and cryptic but also an unreasoned order - Reasons should be given on merits of case and not on no, germane..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Sought on ground of cause of action and bar of limitation - Production of documents - Inspite of necessary averments in plaint certain documents not produced alongwith plaint - Plaintiff permitted to produce those documents, in support of his plea...........

Showing : 431-440 of 826 Results