Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration between two government corporations - Plaint rejected by High Court on the ground that permission from Committee on Disputes (COD) was not obtained before institution of suit - However, absence of such permission was not a fatal defect, as filing of suit without permission is..........
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11 -- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation..........
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11 -- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to consider only the plaint as a whole - In case, entire plaint comes under the situations covered by O.7.R.11 (a) to (f) of the Code, the same has to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Once an application is filed to reject plaint, Court has to dispose of the same before proceeding with the trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint can be filed at any stage of suit - Defendant is entitled to file application for rejection of plaint before filing his written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of plaint cannot be on the basis of allegations in written statement or on the basis of allegations in the application for rejection of plaint - Court has to consider only the plaint as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse for retrieving the lost..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Cause of action - Arises when one party asserts and other party denies any right...........