Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff not entitled to any relief - Not a ground to reject plaint at the threshold in exercise of powers U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application U.O.7.R.11 CPC, averments of plaintiff are germane and at the most, Court can look into the documents enclosed with the plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rejection of application on ground of lack of pecuniary jurisdiction - Court did not return the plaint and did not follow procedure prescribed U.O.7.Rr.10, 10-A CPC - Impugned order set aside - Application U.O.39.Rr.1,2 CPC allowed - Matter remanded to trial Court to comply with requirements of..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Rejection of plaint - Dismissal of application - Civil Misc. Appeal U.O.43.R.1(u) CPC is not maintainable thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Section 80(2), Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80(2) CPC - Multiple reliefs claimed and some reliefs claimed against private respondents - Matter requires adjudication after framing of issues and adducing evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to restrict its enquiry to averments made in plaint of suit and any reference to earlier plaint cannot be delved upon while adjudicating upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Genuineness or otherwise of family settlement would be matter of trial which cannot be gone into and appreciated at this stage while deciding an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of Plaint - Court has to restrict itself to averments made in plaint without going into question of their truthfulness or otherwise at stage of adjudicating upon an application U.O.7.R.11 CPC...........
