Showing : 141-150 of 219 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Held, if Court is not in a position to determine correct valuation of suit property and, therefore, plaint cannot be rejected U.O.7.R.11 CPC for want of correct valuation for purpose of Court fee...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is duty of Court to return finding on application filed U.O.7.R.11 - Court is also duty bound to ascertain whether suit is maintainable in law when same filed before it - Civil Court cannot mechanically issue notices and orders on presentation of plaint - Power given..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6-- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in question is..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Not disclosing cause of action against newly added defendants - Some defendants impleaded - Only the cause title of plaint to be amended - However, amended plaint incorporating certain paragraphs, without there being an order, allowing amendment, filed - While considering..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A-- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding fulfillment of conditions..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Want of correct valuation for purpose of court fee - Court is not in a position to determine correct valuation of built up structure referred in plaint - Held, plaint cannot be rejected U.O.7.R.11 of the Code for want of correct valuation for purpose of court fee - Trial..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Earlier plaintiff was claiming adverse possession regarding disputed property against respondents Nos. 2 to 4 - Now he is claiming adverse possession against respondent No. 1 with a specific prayer to restrain respondents No. 2 to 4 from interfering in possession..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of jurisdiction - Ouster of jurisdiction not to be easily inferred - Bar of jurisdiction has to be established by cogent reasonings - Plaint can be rejected through a meaningful and not a formal reading - Plaint when not disclosing a cause of action or clear right to sue,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit on the apprehension that defendant is attempting to transfer the property to some other person in breach of agreement - Held, it constitutes a valid cause of action - Suit cannot be thrown out at the threshold U.O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court can exercise power U.O.7.R.11 CPC at any stage of the suit either before registering plaint or after issuance of summons to defendants or at any time before conclusion of trial...........

Showing : 141-150 of 219 Results