Showing : 91-100 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - If on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, Court should exercise the power U.O.7.R.11 CPC, taking care to see that the ground mentioned therein is fulfilled - If clever..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint as a whole has to be read - Plaint when discloses no cause of action then plaint as a whole and not a part of plaint has to be rejected...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For deciding application U.O.7.R.11 CPC, few lines or passage should not be read in isolation and the pleadings have to be read as a whole to ascertain its true import...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - On ground of limitation - If plaint does not contain necessary averments relating to limitation, the same is liable to be rejected - Court to verify the entire plaint...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 7, Rule 12-- Rejection of plaint - O.7.R.12 CPC mandates where a plaint is rejected, Court has to record the order to that effect with the reasons for such order...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11, 13-- Rejection of plaint - Notwithstanding independent remedy of defendant to challenge maintainability of suit, Court is duty bound to reject a plaint suo motu if the same is hit by any of the infirmities provided in the rule - Rejection of plaint under Rule 11 does not preclude plaintiff from..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Several cause of action - Some within jurisdiction of Court - Plaint not to be rejected - Liberty given to seek amendment of plaint to include only those cause of action which accrued within the jurisdiction of Court where instant suit filed...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Cause of action - Means every fact, which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court - Every fact, which is necessary to be proved, as distinguished from every piece of evidence, which is necessary to prove each fact,..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Real object of O.7.R.11 of the Code is to keep out of Courts, irresponsible law suits - O.10 of the Code is a tool in the hands of Court by resorting to which and by searching examination of the party in case the Court is prima facie of the view that the suit is an abuse of the process of the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - It is only the plaint and the averments therein which can be looked into at the stage of consideration of application U.O.7.R.10 CPC - It is necessary to read the plaint in a meaningful manner to find out the real intention...........

Showing : 91-100 of 167 Results