Showing : 1-10 of 33 Results

UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Suit is primarily for cancellation of sale deed of land, which is not `land' as defined u/s 3(14) of U.P. Zamindari Abolition and Land Reforms Act - Civil Court thus, has jurisdiction to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Documents relied on in plaint - Where the discretion of trial Court, as one U.O.7.R.14(3) CPC or otherwise is founded on good reasons and is not palpably capricious, there is no warrant to interfere therewith in exercise of supervisory jurisdiction U.Art.227 of Constitution of India...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Non compliance of O.7.R.3 CPC - It is a curable defect...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113-- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or less stand on..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC, Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Plaint - Description of property - Where subject matter of suit is immovable property, plaint shall contain a description of property sufficient to identify it - Such description enables the Court to draw a proper decree as required by O.20.R.3 CPC - In case, such property can be identified by..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 32, Rule 3-- Rejection of plaint - Suit against minor - Suit against minor by itself is not barred - O.22.R.3 CPC provides the manner in which suit can proceed against minor...........

Showing : 1-10 of 33 Results