Showing : 101-110 of 143 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Written statement filed and thereafter application U.O.7.R.11 CPC for rejection of plaint filed - Plea that suit is not maintainable - Order that objections raised by defendant shall be taken into consideration after recording evidence of both the parties - No error...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For the purposes of deciding an application U.O.7.R.11 (a) and (d) , the averments in the plaint are germane - Pleas taken by the defendant in the written statement would be wholly irrelevant at that stage...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Power to attract the provision of O.7.R.11 CPC is not conferred on the party to the suit - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law then without there being any prayer of the defendant, Court is duty bound to..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Relevant factors - Held, for purpose of deciding application U.O.7.R.11 CPC only averments in the plaint are relevant - Pleas taken by defendant in written statement would be wholly irrelevant at that stage - Basic question to be decided while dealing with an application..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law, then without there being any prayer of defendant, Court is duty bound to reject the plaint suo moto - Defendant has no right to file the application U.O.7.R.11 CPC..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Partnership Act, 1932, Section 69-- Unregistered partnership firm - Suit by - Rejection of plaint - Suit for share in the business of partnership firm has arisen from a contract of partnership - Plaintiff has claimed money from the defendant/revisionist as his share in the partnership business - Further, in view of the status of the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint at threshold - Whether proper - Held, a plaint cannot be rejected only on the basis of a defence available to a defendant, and the question as to whether any averment in a plaint constitutes res judicata or is the basis of any misinterpretation of a judgment has to be..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Trial Court can exercise the power U.O.7.R.11 CPC at any stage of the suit before registering the plaint or after issuing summons to the defendant, any time before the conclusion of the trial...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - For the purposes of deciding an application U.O.7.Rr.11(a) & (d), the averments in the plaint are germane - Pleas taken by defendant in the written statement are wholly irrelevant at that stage...........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff clearly stated in plaint that defendant No.2 is the holding company of plaintiff No.1 company and defendant Nos.3 to 17 are the directors of both defendant Nos.1 and 2 - It is the allegation of plaintiff that these defendants controlled the affairs of two companies..........

Showing : 101-110 of 143 Results