Civil Procedure Code, Order 7, Rule 11(d), Limitation Act, 1963, Section 19 -- Rejection of plaint - Plea that suit not filed within limitation - Signed acknowledgement extending date of limitation not in existence on date of filing of suit - Acknowledgment of payment in written statement not sufficient to extend limitation - Suit not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for - Written statement filed - Thereafter petitioner moved an application U.O.7.R.11 CPC for rejection of plaint and has kept the matter pending in the court below for almost eight and a half years - Cause of action has been disclosed in the plaint - Held, there is no illegality or infirmity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint is the deciding factor to ascertain whether it discloses any cause of action and whether it is barred by any law - Defence set up in written statement or other documents not relevant to decide application seeking rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance of sale agreement - In plaint, plaintiff referred to some earlier suit which he filed for permanent injunction to put restrain on defendant from dealing with property subject matter of sale agreement - Defendant also filed written statement in that injunction suit -..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of an application U.O.7.R.11 CPC for rejection of plaint is a good ground for not filing the written statement within time as in case success of said application plaint would be rejected and in that circumstance, defendant was not required to file his written statement -..........
Civil Procedure Code, 1908, Section 7(iv)(c), Order 7, Rule 11(b) - - Non payment of proper court fee - Application for rejection of plaint - Application U.O.7.R.11(b) CPC filed after more than 10 years of framing of issues - Petitioners have taken objection of court fees in their written statement - Despite the fact that an objection was taken in written statement no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised at any stage of the suit - For the purpose of deciding an application U.O.7.R.11 (a) & (d) averments in the plaint are germane - Pleas taken by the defendant in the written statement are wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application pleas taken in written statement are wholly irrelevant - It is the plaint which has to be read as a whole and if it discloses no cause of action, then, the plaint as a whole, or part of the plaint can be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Second suit filed on the same cause of action during pendency of first suit - Withdrawal of first suit without permission to file a fresh suit on the same cause of action - First suit was likely to be dismissed U.O.7.R.11(e) for not filing duplicate copies of plaint as a plea to this effect was raised by defendant in his..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement is not necessary to decide application U.O.7.R.11 CPC...........
