Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - No illusory cause of action created by clever drafting by reading the plaint holistically - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - The aspects whether there is continuing cause of action or whether it is a construction contract or whether time was essence of contract etc. cannot be gone into at this stage...........
Hindu Marriage Act, 1955, Section 13, 2(2), Civil Procedure Code, 1908, Order 7, Rule 11 -- Divorce petition - Rejection of plaint - Marriage was solemnised as per Hindu rites as parties belong to Scheduled Tribe - Marriage being out of purview of the Act, in the light of S.2(2) of Act of 1955, are thus governed only by their customs and usage - Petition is barred u/s 2(2)..........
Civil Procedure Code, 1908, Section 60(1)(g), Pensions Act, 1871, Section 11 -- Arrears of maintenance - Attachment of pension - Maintenance allowance granted to wife cannot be considered as debt and she is not a creditor - Pension of husband thus, cannot be exempted from attachment towards payment of maintenance as provided u/s 60(1)(g) CPC and S.11 of Pension Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas raised cannot be appreciated properly without recording evidence - At this stage when suit is at preliminary stage, it cannot be said that plaint does not disclose any cause of action or that suit is barred by limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defectively pleaded cause of action - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected only when averments made in plaint does not disclose any cause of action for reliefs sought for in plaint...........
