Showing : 141-150 of 174 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Cause of action - A cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit - For this material facts are required to be stated but not the evidence except in certain cases where the pleading relies on any..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Since rights conferred upon the parties are determined one way or the other, stricto sensu it would not be an interlocutory order but having regard to its traits and trappings would be a preliminary judgment...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Cause of action - Failure to disclose cause of action is distinct from the absence of full particulars...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Mere fact that case is weak and not likely to succeed is not a ground for rejection of plaint when claim discloses some cause of action or raises some questions fit to be decided by a Judge...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For deciding application under clauses (a) and (d) of Rule 11 - Averments made in the plaint are germane - Pleas taken by defendant in written statement - Wholly irrelevant at that stage...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11-- Court's direction to file written statement without deciding application under Order 7 Rule 11 - Order suffers from non - exercise of jurisdiction vested in Court as well as procedural irregularity - Liable to be set aside...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Court can exercise power at any stage of the suit - At any time before conclusion of trial, before registering plaint or after issuing summons to defendant...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Power under the provision can be exercised at any stage of the suit before registering the plaint or after issuing summons to the defendant at anytime before the conclusion of the trial...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Application U.O.7.R.11 CPC to be decided on the allegations in the plaint and filing of the written statement by the contesting defendant is irrelevant and unnecessary...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 3-- Immovable property not definitely identified - Decree passed overlooking the provisions of O.7.R.3 & O.20.R.3 CPC - It is an inadvertent error and does not affect the merits of the case - Error can be rectified by having resort to S.152 or S.47 CPC...........

Showing : 141-150 of 174 Results