Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Whenever, mixed question of fact and law emerge and plaint does not appear to be barred by law of limitation, ex facie upon perusal of the plaint, the issue of limitation may be adjudicated with other issues at the time of final decision of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Powers U.O.7.R.11 CPC can be exercised at any stage of the suit before registering the plaint or after issuance of summons to the defendants or at any time before the conclusion of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at time of final decision of..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Deficient Court fees - Ground of deficient Court fees can be raised only when defendant pleaded that subject matter was not properly valued or Court fees not sufficiently paid - Such defence and pleading not envisaged U.O.7.R.11 CPC - Plaint not liable to be rejected on ground that suit does not bear..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try civil suit goes to very root of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of jurisdiction - Jurisdiction of civil Court barred by provision of S.3(4) of Haryana Public Moneys (Recovery of Dues) Act, 1979 - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Phrase `Cause of action' means every fact which will be necessary for plaintiff to prove - It does not comprise every piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - What the Court has to consider is not whether plaintiff has a cause of action against defendant but whether plaint as framed discloses a cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial - It cannot be said that..........
