Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, trial Court is only to look at the pleadings in the plaint, as uncontested by defendant, to see if the cause of action is disclosed in pleadings of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits of case, veracity of pleadings or sustainability of claim of plaintiff is not to be assessed at the time of decision of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for permanent injunction - Plaintiffs have claimed themselves to be co-owner and to be in possession of a portion of property with a further assertion that defendants are trying to dispossess them of same illegally - Plaint thus, shows a cause of action as claimed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by holding that matter has to be decided by formulation of an issue and appreciation of evidence - - Order does not fall within ambit of a `case decided' or an `issue decided' - No interference warranted in revision against such an order...........
Civil Procedure Code, 1908, Section 79, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of S.79 CPC - Defendant ought to have been named as Union of India in suit - These errors or mistakes committed in drafting of plaint could have very well be remedied by trial Court in exercise of powers U.O.1.R.10 CPC or U.O.6.R.17 CPC - Order rejecting plaint held, not proper..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of earlier suit in default and not on merits - It cannot be said that instant suit is barred U.O.23.R.4 or O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether disputed property is ancestral property or not is a question of fact and needs appreciation - Suit cannot be dismissed U.O.7.R.11 CPC on such disputed question of fact...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Lack of pecuniary jurisdiction cannot be interpreted as bar of law - No case that relief claimed by plaintiffs is under valued or insufficiently stamped - Trial Court has jurisdiction to try case - Plaint not liable to be rejected...........
