Showing : 241-250 of 1414 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Recovery suit - Sufficient averments in plaint as to why plaintiff was constrained to approach Court for purpose of recovery of amount - Plaint discloses date of accrual of cause of action - Therefore, plaint contains facts containing cause of action and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Late production of documents - Documents in question though required to be filed along with plaint but can be filed lateron with leave of Court on showing plausible reason - Reason stated for not filing documents in question seems plausible - Trial Court allowed application and order being..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Existence of arbitration clause - Would only entail an order u/s 8 of Arbitration and Conciliation Act to refer dispute to arbitration - Mere existence of arbitration clause in agreement between parties, does not precludes any person from instituting a civil suit - Order of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Courts are not required to reject a plaint on the basis of allegations made by defendants in written statement or in application for rejection of plaint if plaint discloses some cause of action which requires determination by Court - Averments made in plaint have to be..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34-- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are incorporate in the suit - Civil Court cannot grant relief..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court is not competent to go into correctness or otherwise of allegations contained in the plaint - Plaint can only be rejected if from bare perusal of the statement in the plaint without any addition or subtraction it appears to be barred by law or does not disclose the..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Contentious issue sought to be raised by defendants on the basis of facts set out in application filed cannot be taken into consideration while deciding an application U.O.7.R.11 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Identification of property - Description of property must be sufficient to identify property and property can be identified either by its boundaries or by its number in public record of settlement or survey...........

Showing : 241-250 of 1414 Results