Showing : 111-120 of 143 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
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..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Absence of - Suit for damages against Her Majesty, the Queen of Netherlands - Plaint is devoid of necessary particulars and averments and documents to show that said person was subject of defendant No.1 and that he was appointed under a bilateral trade..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - It is not case of defendant that plaint does not disclose any cause of action - Rejection of plaint sought on grounds of misjoinder of parties or non filing of documents despite time having been given by Court - Held, these are not the grounds for rejection of plaint..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Contentions raised by defendant purely mixed questions of law and facts which cannot possibly be determined without adducing evidence by the parties - All the arguments now sought to be raised on behalf of the defendant not at all relevant at this stage and the same may be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
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 - Held, defence of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11-- Suit for declaration and injunction - In the prayer clause word `temporary' mentioned instead of `permanent' - Trial Court ought to have granted the prayer for amendment of plaint and ought to have rejected the prayer of defendant for rejection of plaint - Trial Court committed a grave error..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
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...........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for possession, damages/mesne profits on ground that defendant is in unauthorised occupation - With these averments plaintiff could approach the Civil Court only for a decree of possession - It is not to be considered at the initial stage whether he would be able to get..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff when makes out a case within limitation by claiming relief of injunction on the plea that his possession was sought to be disturbed by the defendant, Court could not have rejected the plaint - It is a question to be adjudicated on merits as to whether plaintiff is..........
JHARKHAND HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Rejection of - Validity - Neither the prayer for amendment changes the nature of suit nor the prayer in suit, except for addition of two plots that also against same defendant itself - No prejudice can be caused to defendant since trial is yet to commence - Held, by allowing..........

Showing : 111-120 of 143 Results