Showing : 231-240 of 1225 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18-- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and examining same..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for permanent injunction - Claiming title over disputed plot on the strength of patta issued by Gram Panchayat - Contention that Gram Panchayat had no jurisdiction to issue patta of disputed land, is a mixed question of fact and law and can be decided by trial Court on..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - While deciding application for rejection of plaint, Court is not competent to go into correctness or otherwise of allegations contained in plaint - Plaint can be rejected if from bare perusal of statement in the plaint without any addition or substitution it appears to be..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Limitation is mixed question of fact and law - Said question is to be decided by Court only at time of trial - Plaint cannot be rejected on ground that it is barred by limitation...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of rejection of plaint..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Averments made in plaint only are relevant - Averments made in plaint prima facie do not show that they are vexatious or meritless - Contentious issues existed which are to be decided after recording evidence of parties - Issue of limitation is a mixed..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
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 including those furnished by defendants...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10A-- Transfer of suit - Where relief sought by plaintiff is partly or wholly not triable before Court where suit is instituted and both the parties agreed to transfer the case at the stage at which it is pending, Court u/s 24(5) CPC can transferred said proceedings to competent jurisdiction instead of..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court should not reject the plaint simply that some of the rights claimed in the plaint appear to be barred under the law...........

Showing : 231-240 of 1225 Results