Showing : 31-40 of 47 Results

PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred - Respondent Bank never prayed for rejection of plaint on the ground that it does not disclose cause of action - Only contention raised by respondent Bank is that it is barred u/s 18 of the Recovery of Debts Due to Banks and Financial Institutions Act - Material..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11, 12-- Rejection of plaint - Court at the time of assuming jurisdiction can reject plaint for curable defects when not rectified or due to non curable defects - O.7.R.11(b), (c), (e), and (f) are curable defects - O.7.R.11(a) and (d) are defects when plaint does not disclose cause of action or suit is..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for - Written statement filed - Thereafter petitioner moved an application U.O.7.R.11 CPC for rejection of plaint and has kept the matter pending in the court below for almost eight and a half years - Cause of action has been disclosed in the plaint - Held, there..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for - Name of plaintiff No.1 has been deleted from plaint - If the words "plaintiff No.1" are kept out of the view of plaint, it will appear from body of plaint that plaint has become a meaningless plaint in true sense - Plaint is without any cause of action for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13-- Rejection of plaint not disclosing any cause of action - A subsequent suit on the same cause of action is not barred - In case of rejection of plaint U.O.7.R.11 CPC which is appealable being a decree in terms of S.2(2) of CPC, the aggrieved party has two options, either to challenge the said order..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - It is not case of defendant that plaint does not disclose any cause of action - Rejection of plaint sought on grounds of misjoinder of parties or non filing of documents despite time having been given by Court - Held, these are not the grounds for rejection of plaint..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, 11-- Cause of action - For deciding the application U.O.7.Rr.10, 11 CPC Court is required to see the pleadings in the plaint and is not to look into the defence of the defendant except in very exceptional cases - The very fact that averments have been made that transactions and discussions were held at..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - To ascertain cause of action, court is required to consider averments made in plaint as a whole, without making an addition or subtraction in pleadings - Plaint did not disclose any cause of action - Only an illusion of cause of action created by clever..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Second suit filed on the same cause of action during pendency of first suit - Withdrawal of first suit without permission to file a fresh suit on the same cause of action - First suit was likely to be dismissed U.O.7.R.11(e) for not filing duplicate copies of plaint as a plea to this effect was..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of application - Plaint, cause of action and prayer in plaint considered - No ground to interfere with order of trial court rejecting application U.O.7.R.11 CPC...........

Showing : 31-40 of 47 Results