Showing : 11-20 of 25 Results

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..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Disputed questions cannot be decided at the time of considering application U.O.7.R.11(d) - O.7 applies in those cases where statement made by plaintiff in plaint, without any doubt or dispute, shows that the suit is barred by any law in force...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - At the time of deciding application U.O.7.R.11(d) CPC only statement of plaint is required to be seen and nothing else...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejecton of plaint - Application is to be decided on the basis of averments in the plaint - Different clauses in the provision should not be mixed up - However, an application for rejection of plaint can be filed on more than one ground under different clauses but Court has to give a clear finding..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Question of limitation - Suit for title and possession - Limitation does not commence unless there had been a clear and unequivocal threat to the right claimed by plaintiff which can only be decided when an issue is framed and parties lead evidence - Application U.O.7.R.11(d)..........
UTTARAKHAND HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d)-- Suit against State without serving notice u/s 80 CPC - In absence of prayer seeking leave to institute suit without serving notice Court is not required to return plaint under S.80(2) Proviso - Plaint rejected U.O.7.R.11(d) CPC - Order upheld...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Ground of limitation - If from the averments made in the plaint it is found that suit is barred by law of limitation then alone the plaint can be rejected - In case there is any slightest doubt and the point is arguable, the plaint cannot be rejected U.O.7.R.11(d) CPC...........

Showing : 11-20 of 25 Results