Showing : 291-300 of 1240 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court not to go into correctness or otherwise of allegations contained in plaint - Plaint is only rejected if statement in plaint without any addition or subtraction appears to be barred by law...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11-- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11-- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court has to consider only the plaint as a whole - In case, entire plaint comes under the situations covered by O.7.R.11 (a) to (f) of the Code, the same has to be rejected...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Once an application is filed to reject plaint, Court has to dispose of the same before proceeding with the trial...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for rejection of plaint can be filed at any stage of suit - Defendant is entitled to file application for rejection of plaint before filing his written statement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Rejection of plaint cannot be on the basis of allegations in written statement or on the basis of allegations in the application for rejection of plaint - Court has to consider only the plaint as a whole...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Lack of jurisdiction - Return of plaint - Court passing interim order without having jurisdiction - Before returning plaint, Court to recall and vacate the interim order, which was passed without jurisdiction to enable plaintiff to obtain a valid order from the proper court having jurisdiction...........

Showing : 291-300 of 1240 Results