Showing : 1-10 of 207 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has no cause of action - Plaint cannot be rejected on this ground - Plaintiff having no cause of action is different from the contention that plaint fails to disclose any cause of action - Unless defendant makes out case that plaint fails to disclose cause of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Valid cause of action - Not to be decided while considering application U.O.7.R.11 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint disclosing some cause of action - Mere fact that in the opinion of Judge plaintiff may not succeed cannot be a ground to reject plaint...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit and limitation - Can be decided only when parties lead evidence - Perusal of plaint does not give rise to any prima facie conclusion that pleadings are manifestly vexatious and baseless - Case does not fall under the ambit of O.7.R.11 CPC on the basis..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Partial rejection of plaint - Cause of action - Expression `plaint' mentioned in O.7.R.11 of CPC means plaint as a whole without bifurcation - At time of rejection of plaint, Court must come to finding that plaint as a whole does not disclose cause of action - Partial rejection of plaint, not..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Pre mature suit - Presupposes non accruing of cause of action on date of filing of suit - Pre mature suit is liable to be dismissed in limine...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b)-- Rejection of plaint - Facts pleaded in plaint prima facie reveals a cause of action in favour of plaintiff to file suit - Defendant failed to establish that there is no cause of action and even equally failed to establish that suit is barred by any law for time being in force - Application rightly..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - While deciding application, Court has to consider averments made in the plaint as to whether it discloses cause of action and it is not barred by any law - Court need not to look into defence taken by defendant and documents produced by them - Court can take it only as a..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........

Showing : 1-10 of 207 Results