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Results of o 7 r 11 civil procedure code written statement

Showing : 31-40 of 92 Results

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While examining an application U.O.7.R.11 CPC, only the plaint and accompanying documents are to be looked at - If upon looking at the averments in the plaint and accompanying documents no cause of action is made out, only then plaint can be rejected - Written statement or defences of defendants are not..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the averments in plaint which are germane and pleas taken in written statement are wholly irrelevant - Plaint should be read in a meaningful manner and not formal and it should disclose a clear right to sue and, if by clever drafting has created an illusion of a cause of action, Court must nip..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is the averments in the plaint that has to be read as a whole to find out whether it discloses a cause of action or whether suit is barred under any law - At the stage of consideration of application U.O.7.R.11 CPC, stand of defendants in the written statement is altogether irrelevant...........

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For rejection of plaint, averments made in plaint alone should be considered and not the contentions raised in the written statement...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought at the stage when case was fixed for rebuttal evidence and arguments - Plea that plaintiff is a unregistered partnership firm - For deciding application for rejection of plaint only averments made in plaint are seen and version of defendant in written statement or the documents of defendant are..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred U.O.9.R.9 CPC - Where previous suit has been dismissed in default for no, appearance of plaintiff, subsequent suit based on same cause of action is to be seen from pleadings of parties in earlier suit - From the averments of plaint itself all these facts are not clear - Plaint therefore,..........

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) - - Rejection of plaint - To decide the application U.O.7.R.11 CPC Court has to examine only plaint averments and list of document filed along with suit - Pleadings in written statement have no relevancy to decide the application U.O.7.R.11 CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, namely : (a) the plaint does not disclose a cause of action; (b) where relief claimed is undervalued and the plaintiff, on being required by Court to correct the valuation within a time to be fixed by the Court, fails to do so; (c) where the relief claimed is properly valued but..........

Showing : 31-40 of 92 Results