Showing : 81-90 of 273 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Power of Court is to decide whether plaint discloses cause of action or not - Finding as to truth or otherwise in the allegations made in the plaint based on the contention raised by defendant in the petition U.O.7.R.11 or in the written statement is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11-- Amendment of written statement - Appeal was at instance of plaintiff - Defendant could not moved application u/O.7.R.11 CPC because at that stage petitioner had no ground to move such application as same was subject matter of some evidence...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17-- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction - Therefore, it cannot be accepted that the jurisdiction of the civil Court stands ousted either specifically or..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Res judicata - Earlier suit not between same parties and case does not satisfy parameters of S.11 of CPC - Bar of res judicata will not apply...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - In its finding Court confusing territorial jurisdiction with cause of action - Territorial jurisdiction being questioned ought to have been looked into in the light of objection raised in the application U.O.7.R.11 CPC - Impugned order set aside -..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Rejection of plaint - Application U.O.7.R.11 CPC, regarding jurisdiction and maintainability of suit, has to be decided first before deciding any other application as non disposal of such an application may put the party in disadvantage...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint Res judicata - Not a ground to reject plaint - Res judicata is a mixed question of law and fact and it requires evidence to be recorded to decide it...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Where plaintiff claims accrual of cause of action on the basis of definite pleadings, question with regard to limitation, which is mixed question of law and facts, has to be decided by Court on the basis of evidence to be led by parties, after framing..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint- For deciding an application U.O.7.R.11 CPC, only contents of plaint need to be looked into - Stand of defendant in written statement or in application for rejection of plaint is wholly immaterial...........

Showing : 81-90 of 273 Results