Showing : 71-80 of 143 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3-- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are questions of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 4, Rule 1(3)-- Rejection of plaint - As per O.4.R.1(3) CPC there can be no due institution of a suit without proper court fees being paid - Purpose of O.7.R.11 CPC is that relief which is not properly valued for the purposes of court fees be not put to trial and should be rejected at the threshold only - Said..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - No cause of action in favour of plaintiff and against defendant Nos.4 to 13 to file a suit for recovery as there is no privity of contract - There is non disclosure of facts to proceed with the trial of suit qua defendant Nos.4 to 13 as there is no allegation of any liability..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58-- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for specific performance of an oral agreement to sell - Plaint does not disclose any clear cause of action - Clever drafting methodology used to create semblance of cause of action - Plaint alleged to be barred by limitation being filed after lapse of period..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Tenant apprehending dispossession at the hands of defendant filed suit for prohibitory injunction - Defendant contended that property in dispute had already been sold off to another person - Held, on mere transfer of title, it could not be said that cause of action to..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)(d)-- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, Court has to look into averments in plaint - Pleas and defence of defendant in written statement is not relevant...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court cannot reject plaint on the basis of allegations made by defendant in written statement - However, Court can certainly look into the averments in affidavits filed by defendant themselves in same proceedings taking a contradictory or inconsistent stand than the stand..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit seeking declaration that sale deed and unregistered power of attorney is null and void - Rejection of plaint sought on the ground that earlier suit filed by plaintiff seeking declaration of his Khatedari rights was dismissed by Revenue Court and therefore suit of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Sought on the ground that suit is not maintainable - Application filed belatedly after conclusion of evidence of plaintiff - Defendant failed to point out any bar contained under any Statute against filing of suit with regard to the relief claimed by plaintiff -..........

Showing : 71-80 of 143 Results