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Results of o 7 r of civil procedure code

Showing : 41-50 of 1766 Results

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Only pleadings and averments of plaintiff can be looked into...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Claim in suit is under two contracts (work orders) of recovery of money - Plaintiff may not in suit be able to take any claim in respect of first work order in view of forum selection clause, as jurisdiction clearly vested in Mumbai Courts - But can certainly proceed to establish its..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is a mixed question of law and fact, but if a bare reading of plaint transpires that suit is barred by limitation, same can be treated as a suit barred by law...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action accrued to plaintiff though not disclosed meticulously in plaint, but upon meaningful construction of averments, plaintiffs have made endeavor to plead in plaint that cause of action has accrued to them on various dates in terms of averments made in plaint - Plaint discloses cause of..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application afresh...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question are certified copies and statements recorded in a different proceedings - Said documents can be helpful in deciding controversy - If plaintiff is permitted to file certain documents at belated stage, no prejudice can be caused to defendants - Application rightly allowed...........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte order - Setting aside - Service of summons - Application for setting aside ex parte order was filed by defendant after lapse of more than 9 years - Mother of defendant was served in 2005 which was admitted by defendant - Mother of defendant had no interest in the suit..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-issuance of notice u/s 80 CPC - Averment in complaint that an application is filed separately to dispense with notice u/s 80 CPC - Held, it cannot be concluded by examining averments in plaint that plaint is liable to be rejected on the ground that it is barred by law - Even otherwise, defendants who..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Specific issue with regard to limitation framed - Issue of limitation is mixed question of law and fact - Plaint not liable to be rejected...........

Showing : 41-50 of 1766 Results