Showing : 51-60 of 812 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Dismissal of previous writ petition by single word `dismissed' by a no, speaking order would not operate as constructive res judicata - Before a Court invokes rule of res judicata, Court has to be certain and in a position to return a finding that previous writ petition..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - U.O.7.R.11 CPC plaint is reject and it is not that suit is dismissed - Rejection of plaint and dismissal of suit are different and distinct - No suit can be dismissed by invoking powers U.O.7.R.11 CPC, as said order deals only with rejection of plaint - In the instant case,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of guardianship petition - Bar of jurisdiction - Principle of comity of Courts or principle of forum convenience alone cannot determine threshold bar of jurisdiction - Paramount consideration is best interest of child - Same cannot be subject-matter of final determination in proceedings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 11-- Divorce by mutual consent - Withdrawal of consent by wife at the second motion - Restitution of amount of 12 lakhs received by wife - Order as to refund, upheld but same will be subject to terms, as directed by Court, which will be beneficial for the husband, the minor child and wife...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non filing of title document along with suit - No ground to reject plaint - Same is not within purview of O.7.R.11 CPC - Document can be filed at a later stage by virtue of O.7.R.14 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 1-- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Issue of res judicata and limitation are required to be decided after evidence is led by parties - This is too early a stage or premature to reject plaint U.O.7.R.11(d) CPC on these grounds...........

Showing : 51-60 of 812 Results