Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiffs assign only an estimated value to reliefs sought in the plaint and they undertake to deposit such further Court fees, as may be payable upon rendition of accounts - Plaint cannot be rejected U.O.7.R.11 CPC on account of deficiency of Court fees...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of proper Court fee payable, can be decided at a subsequent stage but not in a petition U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding application exceeded its jurisdiction and ventured into merit of case by holding that plaintiff was not in joint possession of suit schedule property and she should pay court fee - Such direction that too at the threshold is totally unwarranted and beyond jurisdiction, hence set..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application, allegations in plaint alone have to be looked into for the purpose of either entertaining suit or rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - For invoking provision of O.7.R.11(d) CPC, no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit on the basis of Will - Non-production of Will - Plaint cannot be rejected on the ground of non production of Will as averments of plaint are germane for deciding the application - Such issue can be examined in better way while deciding civil suit finally...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without claiming further or consequential relief - Relevant only at the time of final adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has made out a cause of action on perusal of plaint averments - Even, defendant in his application filed U.O.7.R.11 CPC, has also encapsulated averments made in plaint - Plaint cannot be rejected on that score...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration proceedings - Dispute referred to Arbitrator and objections taken in said arbitration proceedings cannot be looked into at the stage of deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Arbitration proceedings - Arbitration proceedings do not fall within the definition of suit - Provisions of CPC do not strictly apply to arbitration matters as provided u/s 19 of Arbitration and Conciliation Act, 1996 - Plaint cannot be rejected U.O.2.R.2 CPC...........
