Showing : 61-70 of 1273 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for specific performance - Whether time is essence of contract of sale is a question of fact and can be addressed by trial Court after parties lead evidence - Such question cannot be dealt with in an application U.O.7.R.11(d) CPC - Application rightly rejected...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - While deciding application, Court has to consider averments made in the plaint as to whether it discloses cause of action and it is not barred by any law - Court need not to look into defence taken by defendant and documents produced by them - Court can take it only as a..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d)-- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - At the time of registration of suit Court has no power to venture into merits of the matter or possible disputed issues...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Disputed questions cannot be decided at the time of deciding an application filed under O.7.R.11 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - At the stage of deciding application U.O.7.R.11 CPC, Court to consider only plaint averments and documents annexed with plaint - Pleas taken by defendant in written statement would be totally irrelevant at that stage...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........

Showing : 61-70 of 1273 Results