Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if plaint discloses cause of action in part, it cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Property in question was endowed to deity and donor did not keep any right with him - However, managerial work to be performed by one `K' and his successors - Arguments that endowment deed was never brought to its existence as no idol was installed would not attract O.7.R.11 CPC - Order rejecting plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Once fraud is alleged by plaintiff in reply to objection U.O.7.R.11 CPC, then allegation of fraud has to be tested in terms of O.6.R.4 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Proceedings before civil Court initiated by plaintiff not only was abuse of law but entire conduct of plaintiff is a clear reflection of fact that she has been doing so repeatedly after being a signatory to settlement arrived at between parties - High Court was absolutely justified in imposing costs of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Bill of lading - Its application confined only port to port - Theft occurred not during course of transit but after consignment was taken over by the agent i.e. the bailee from the destination port - Confinement of jurisdiction with U.S. Court under the bill of lading has no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of facts and law which could also be an issue that could be dealt with by Trial Court as a preliminary issue - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit as commercial suit - Relief in terms of lease deed - At least two prayers are in relation to immovable property to be used exclusively for trade and commerce - No occasion arises for Court to interfere with view expressed by Commercial Court that suit is maintainable as a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata is a mixed question of law and fact and same cannot be gone into without there being any evidence on record - Application for rejection of plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint along with documents filed in plaint are to be seen on an application U.O.7.R.11 CPC - Neither written statement nor averments made in application can be considered for rejecting plaint U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds for rejection of plaint as canvassed in application U.O.7.R.11 CPC and argued before High Court are not apparent from a meaningful reading of plaint - No grounds for rejection of plaint is made out - Application rightly dismissed...........
