Showing : 11-20 of 31 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Hindu Marriage Act, 1955, Section 13(1)(ia), 12-- Rejection of plaint - Petition for divorce and annulment of marriage - Petition filed within one year of marriage - Relief of divorce is barred u/s 14 of Hindu Marriage Act whereas relief for annulment of marriage is sustainable and application U.O.7.R.11(d) CPC dismissed to that extent...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Plaint can be rejected only when statement in plaint, without any doubt or dispute, discloses that suit is barred by limitation - Court is not empowered to consider the case of defendant at the stage of invoking the power U.O.7.R.11(d) CPC...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff pleaded that only averments made in plaint alone have to be taken into consideration and that documents filed along with plaint cannot be looked into - When the particular document forms the basis of plaint, said document has to be treated as part of plaint as being..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for specific performance - Defendant sent a letter in 2002 to plaintiff for repudiation of agreement - Art.3 of Limitation Act prescribes 3 years limitation period for filing suit for specific performance from the date when seller refuses to..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred by limitation - Word `law' in O.7.R.11(d) includes the law of limitation as well - Suit barred by limitation - Plaint rightly rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34-- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee transaction are valid and genuine - But in present case, since forged guarantee documents..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Section 17-- Rejection of plaint - Respective plaintiffs had knowledge with respect to the transaction in the year 1999 and even in the year 2004, when RTS Appeals were preferred challenging the Mutation Entries in favour of defendants and even with respect to the alleged forgery in the year 2004 when..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Factors to be considered - Held, while considering application U.O.7.R.11(d) CPC, Court is required to consider averments in plaint and supporting documents produced along with plaint - However, it cannot be disputed that if on the face of it and even considering the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Application for - Counsel for respondents No.1 and 2/plaintiffs could not refer to any other ground to challenge sale deed except the ground of being Benami transaction - Held, no mixed question of law and fact is required to be adjudicated to decide application of defendant..........

Showing : 11-20 of 31 Results