Showing : 1-10 of 70 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75-- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus, barred..........
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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration - Averments in plaint cannot be read as conceding possession of suit property in favour of defendants though there is pleading that attempts were made by defendants to take possession - Not a ground for rejecting plaint based on the proviso to S.34 of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Guardians and Wards Act, 1890, Section 7, 9, 11, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a)-- Rejection of plaint - Custody petition - Petition by wife - Both husband and wife acquired USA citizenship - Even, marriage of parties took place first in USA and first child of parties was born in USA - Simply because marital discord took place between parties later on, which made wife flee from..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Frivolous suit and suit abuse of process of Court - Frivolous suit should be nipped in the bud i.e. at the initial stage itself - Suit on a meaningful reading of plaint is completely frivolous and only an attempt to abuse the process of Court to delay the eviction petition..........

Showing : 1-10 of 70 Results