Showing : 351-360 of 1225 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application filed after conclusion of plaintiff's evidence and when it was the turn of defendant to examine himself and when he was cross-examined - Application for rejection of plaint not bona fide - Application dismissed with costs of Rs.3000/-...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Legal Services Authorities Act, 1987, Section 22(C)(4)-- Rejection of plaint - Challenge to order obtained from permanent Lok Adalat on the plea that the same is obtained by practice of fraud and impersonation and the same is null and void - It is civil suit and not writ petition which is maintainable - Provision of S.22(C)(4) of Legal Services..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10-- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and partition - Plaintiffs admitted execution of Will by their deceased father and to the fact that suit premises was his self acquired property - Held, thereafter there does not exist any cause of action in favour of plaintiff to institute the suit, nor..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Plaint can be rejected only when statement in plaint, without any doubt or dispute, discloses that suit is barred by limitation - Court is not empowered to consider the case of defendant at the stage of invoking the power U.O.7.R.11(d) CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10-- Jurisdiction - Parties by agreement restricted jurisdiction to one out of Courts at two places - While considering application for return of plaint issue of jurisdiction cannot be left open by holding that issue of jurisdiction is a contentious one and that it required oral evidence when the same..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of Limitation - Once plaint is rejected on the ground of limitation, provision contained in O.7.R.13 CPC would not come to rescue of such a plaintiff for presentation of fresh plaint, as such period of limitation which expires earlier remains to be same even on subsequent..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff..........

Showing : 351-360 of 1225 Results