Showing : 41-50 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 1-- Cause of action - Arises when one party asserts and other party denies any right...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Cause of action for filing suit different - Grounds urged in suit also quite different - Even if plaint is read keeping in mind the cleverness and deftness in drafting, yet it is not prima facie discernible from the plaint that it lacks any cause of action or..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for specific performance of agreement to sell - Oral extension of time but no mention of particulars as to when and how long - Suit barred under Article 54 of Limitation Act - Order of trial Court rejecting plaint as barred by law of limitation,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit - Banking law - There is expression of mere apprehension of plaintiffs that Negotiating Banks were in active collusion with beneficiary - No explanation or justification has been made in plaint as to how this active collusion came about or what makes the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of jurisdiction - Jurisdiction of civil Court barred by provision of S.3(4) of Haryana Public Moneys (Recovery of Dues) Act, 1979 - Plaint rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is the averments in the plaint that has to be read as a whole to find out whether it discloses a cause of action or whether suit is barred under any law - At the stage of consideration of application U.O.7.R.11 CPC, stand of defendants in the written statement is..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Claim of plaintiffs with regard to knowledge of essential facts giving rise to cause of action as pleaded will have to be accepted as correct, - Averments in plaint not disclosing that either of suits is barred by limitation so as to justify rejection of plaint..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - It is only if averments in plaint ex facie do not disclose cause of action or on a reading thereof, suit appears to be barred under any law, plaint can be rejected - In all other situations, claims will have to be adjudicated in the course of trial...........

Showing : 41-50 of 167 Results