Showing : 51-60 of 171 Results

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...........
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 3-- Identification of property - Suit property described in plaint not only by boundaries but also by municipal number and by giving its description in the plaint map - From no stretch of imagination it can be said that suit property was not identifiable - Moreover, Advocate Commissioner's report..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Description of property - Must be sufficient to identify it - Property can be identifiable by boundaries, or by number in a public record of settlement or survey - Even by plaint map showing the location of the disputed immovable property, it can be described...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Wife and her son, residing in flat which belonged to her husband, filed suit for decree of declaration that her husband had no right to obstruct user of flat - Later on, pursuant to direction of High Court possession of said flat handed over to husband and wife got..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Wife and her son, residing in flat which belonged to her husband, filed suit for decree of declaration that her husband had no right to obstruct user of flat - Later on, pursuant to direction of High Court possession of said flat handed over to husband and wife got..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Issue of limitation is always a mixed question of facts and law...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, one has to look at plaint and decide whether it deserves to be rejected for ground raised...........

Showing : 51-60 of 171 Results