Showing : 71-80 of 1391 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Trial Court rejected plaint without proper pleadings, framing of an issue of limitation and taking of evidence - Question of limitation and res judicata is mixed question of law and fact, which may require not only examination of plaint but also other evidence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 11-- Rejection of petition u/s 11 of Hindu Marriage Act on the ground of maintainability - Husband contended that since wife not produced a decree of divorce from her `first husband', petition u/s 11 of Hindu Marriage Act filed by wife itself is not maintainable, as he denied marriage with her -..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Notice issued to Chief Secretary of State - Suit instituted against State represented by its Chief Secretary - Collector even if necessary party and not arrayed as a party, the same is not per se a ground to return plaint...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(c)-- Rejection of plaint - Plaintiff party to the sale deed seeking declaration that sale deed executed by him is null and void - Plaintiff directed to pay ad valorem Court fees - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - From a reading of averments in plaint, it cannot be said that suit is barred by limitation - Issue as to when plaintiff had noticed refusal is an issue which can be adjudicated after trial - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Merits and demerits of matter cannot be gone into while deciding application U.O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - At this stage only averments in plaint are to be looked into...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Inordinate delay and laches on part of plaintiff, cannot be a ground for rejection of plaint U.O.7.R.11(d) CPC...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Parties not same in both the suits in question - Prayer in both the suits also not same - Even issues are not identical - There should have been a trial with regard to all issued framed - Suit held, not barred by res judicata - Application for rejection of..........

Showing : 71-80 of 1391 Results