Showing : 221-230 of 1414 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - When no particular date or time for performance of agreement to sell is recorded therein, learned trial court would be justified in asking parties to lead their evidence on issue of limitation at appropriate stage of suit, instead of rejecting plaint at its threshold on..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c)-- Rejection of plaint - Deficient Court fees - Partition suit - Scope of enquiry U.O.7.Rr.11(b), (c) CPC, was only to see whether relief of partition was undervalued and if properly valued, whether Court fees paid thereon was sufficient - Trial Court therefore, completely misdirected itself in..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - Questioning territorial jurisdiction of Court by moving an application U.O.7.R.11 CPC - Application is not maintainable, as application does not come within purview of O.7.R.11(a) to (d) CPC - Application rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Plaintiff file suit for declaration that agreement to sell stood revoked - Plaintiff are liable to pay ad valorem court fee as they being executant of agreement to sell are liable to pay ad valorem court fee on consideration received by them - Petition dimissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Earlier decree passed by Court of competent jurisdiction in favour of petitioners - In spite of said decree defendants forcibly dispossessed plaintiffs, which became compulsive necessity of plaintiffs to file suit for possession on basis of title - Petitioners were not claiming any..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7-- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question relating to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Petition and not suit filed under a special enactment - CPC not applicable except to a limited extent - Application dismissed as not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed the basis of..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Court has to confine its inquiry only to pleadings in plaint, when an application U.O.7.R.11(d) CPC is filed - Court cannot travel beyond those pleadings and look into defence taken by defendant...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........

Showing : 221-230 of 1414 Results