Showing : 81-90 of 236 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Cause of action for filing suit different - Grounds urged in suit also quite different - Even if plaint is read keeping in mind the cleverness and deftness in drafting, yet it is not prima facie discernible from the plaint that it lacks any cause of action or..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court can reject plaint at any stage of proceedings if it finds that conditions under Rule 11 exist - Even application by a party is not necessary...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7-- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct on the basis of which..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69-- Rejection of plaint - Suit by partner of partnership firm - Suit barred u/s 69(1) of Partnership Act - Registration of partnership firm is pre-condition for maintaining a suit by a partner against partnership firm and other partners to enforce any right arising out of contract - Since the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Question which would require adjudication of facts cannot be dealt with while passing order U.O.7.R.11 CPC...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - While examining an application U.O.7.R.11 CPC, only the plaint and accompanying documents are to be looked at - If upon looking at the averments in the plaint and accompanying documents no cause of action is made out, only then plaint can be rejected - Written statement or..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Dismissal of an application U.O.7.R.11 CPC amounts to `decree' within meaning of S.2(2) CPC - Definition of `decree' amounts to a final adjudication and determination of the rights inter-se the parties...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided in the application for rejection of plaint - Said plea has to be decided only at the time of trial by framing appropriate issues...........

Showing : 81-90 of 236 Results