Showing : 121-130 of 143 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application filed after 28 years of filing of the suit - Held, defendant is not at liberty to apply for rejection of plaint at his leisure and after inordinate delay - Provision of O.7.R.11 CPC cannot be used as weapon to delay the proceedings of the suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Second suit filed on the same cause of action during pendency of first suit - Withdrawal of first suit without permission to file a fresh suit on the same cause of action - First suit was likely to be dismissed U.O.7.R.11(e) for not filing duplicate copies of plaint as a plea to this effect was..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Jurisdiction of Court - There is no need to issue summons to defendant when Court after going through the plaint finds that it has no jurisdiction...........
UTTARAKHAND HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Purpose of the provision is to free the defendant from such hazardous and onerous responsibility of contesting a suit which may not be ultimately found and held to be maintainable at the very threshold, if any one of the conditions mentioned in the provision is applicable to..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 14-- Rejection of plaint - Partnership firm - Suit filed by firm through authorised signatory who was authorised by one of the partners to sign and verify the plaint - Held, a person duly authorised by plaintiff or defendant can sign and verify the pleadings - Plaint cannot be rejected on the ground..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Application can be filed at any stage of the suit - For filing an application it is not necessary that defendant should first file his written statement - Use of word `shall' casts a duty on the Court to perform its obligations in rejecting the plaint when the same is hit by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant can seek rejection of plaint as well as there is duty enjoined upon Court not to entertain a suit when it is barred by law - Plaint is liable to be rejected if it is barred by limitation even in absence of such a plea by a party...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court can exercise power at any stage of the suit i.e. before registering the plaint or after issuing summons to the defendant or at any time before the conclusion of trial - For the purposes of deciding an application U.O.7.R.11 averments in the plaint are germane - Pleas..........
ORISSA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Undervaluation of suit - Whether question relating to valuation of suit can be dealt with only at the stage of final adjudication of the suit - Held, no - When defendant files a petition alleging improper valuation of suit then trial Court should scrutinize the matter..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11, 13-- Rejection of plaint - Notwithstanding independent remedy of defendant to challenge maintainability of suit, Court is duty bound to reject a plaint suo motu if the same is hit by any of the infirmities provided in the rule - Rejection of plaint under Rule 11 does not preclude plaintiff from..........

Showing : 121-130 of 143 Results