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Results of civil procedure code suit jurisdiction o 7

Showing : 41-50 of 154 Results

BOMBAY HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 10(1) -- Return of plaint - Can only be when Court comes to conclusion that suit ought to have been instituted in another Court - However, when civil Court comes to conclusion that it has no jurisdiction to entertain suit on the ground that same is barred due to availability of a statutory remedy under a statue, there would be no..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil court - In the peculiar facts and circumstances of the case, Court was required to have at least framed a preliminary issue relating to maintainability of suit and after allowing the parties to lead evidence on the issue of jurisdiction, proceed with the adjudication of suit...........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try civil suit goes to very root of..........

BOMBAY HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - If a suit is wrongly filed in Court then Court should return it to Court where it should have been instituted - O.7.R.10 CPC is applicable and can be invoked only when there is another Court which has jurisdiction to try the suit - If no such forum is available then rule is not applicable...........

BOMBAY HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for want of jurisdiction - Where Civil Court lacks jurisdiction due to nature of suit, plaint need not be rejected but plaint has to be returned for presentation before proper forum though issues have been settled - Plaint, held, rightly returned...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for eviction - Issue raised going to root of matter regarding jurisdiction - Tenant stated a subsequent notification was issued during pendency of suit whereby property came within the ambit of Rent Act, is not to be gone into at the time of deciding application of rejection of plaint - Held, a..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that decree passed in earlier suit being without jurisdiction is liable be set aside - Rejection of plaint sought on the ground that suit is barred by principle of res judicata - Issue of jurisdiction has to be raised at the earliest point of time - However, the question..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit seeking declaration that sale deed and unregistered power of attorney is null and void - Rejection of plaint sought on the ground that earlier suit filed by plaintiff seeking declaration of his Khatedari rights was dismissed by Revenue Court and therefore suit of plaintiff seeking similar relief is..........

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..........

Showing : 41-50 of 154 Results