Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Dismissal of previous application on merits - Subsequent application on the same grounds is barred by res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil court jurisdiction - Collector and Mamlatdar did not comply with the statutory provisions and did not act in conformity with the fundamental principles of judicial procedure - There is thus no bar of jurisdiction of civil court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be thrown out at threshold taking into consideration external aid such as revenue records...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of law and fact and where plaint discloses cause of action, it is only after framing of issues and parties after leading their evidence, issue in regard to suit being barred by limitation can be decided and plaint cannot be thrown out at..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC provides for rejection of plaint and not rejection of one of prayers made in the plaint or rejection of plaint partly...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits and demerits of defences pleas could not have been gone into at the stage of deciding an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amounts to `decree' - It is appeal and not writ petition under Art.227 Constitution of India which is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Bar of subsequent suit - Earlier suit for partition dismissed as withdrawn - Cause of action for a suit for partition is a recurring one and where partition suit is dismissed, it does not bar filing of a subsequent suit, as even after dismissal of former..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea that there was no cause of action for suit is different from plea that plaint does not disclose cause of action - In latter case, it is duty of Court to decide question before issuing summons and reject plaint without issuing summons...........
