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, Order 7, Rule 14(3) -- Late production of documents - Plaintiff had not produced relevant documents at time when case was fixed for plaintiff's evidence, though time was granted to plaintiff to file such documents - Case was again listed for cross-examination of PWs, however, neither documents were produced nor any explanation was given for..........
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 10 -- Return of plaint - It cannot be said that no cause of action is disclosed in the plaint - Nothing pointed out which would justify return of plaint - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - At a belated stage - Plaintiff seeking production of documents, at the stage of defendant's evidence, but did not mention anything regarding the documents which are mentioned in the list of documents filed along with said application - Even in plaint, plaintiff has not produced any evidence regarding..........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial Court recorded the finding that application U.O.7.R.11 CPC can only be allowed when from bare perusal of plaint, no cause of action for institution of suit is made out - Finding calls for no interference...........
