Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding application U.O.7.R.11 CPC, only averments made in plaint are germane and if on perusal of pleadings of plaint as a whole, plaint is not found to be barred by law or not triable by civil Court, same cannot be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery - Liquidated damages - UOI claims compensation on basis of exception clause - Such being undisputed position, order of rejection of plaint U.O.7.R.11 CPC is incorrect - Moreover, once arbitrator had no jurisdiction to arbitrate on levy of liquidated damages on account of contract..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by S.4 of Benami Transactions (Prohibition) Act, 1988, cannot be decided at the stage of deciding application U.O.7.R.11 CPC - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise its power U.O.7.R.11 CPC at any stage of suit but before conclusion of trial - Trial Court erred in observing that since evidence had commenced, application U.O.7.R.11 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There cannot be a partial rejection of suit under provisions of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factum of filing of C.A. No.147/2020 by defendant No.7, suppressed by plaintiffs - Concealment by itself not a ground for rejection of plaint U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether reliefs claimed in the plaint can be granted or not cannot be determined at the stage of considering an application U.O.7.R.11 CPC, as Court has ample powers to mould reliefs at the time of passing final judgment...........
