Showing : 81-90 of 143 Results

CALCUTTA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit filed against four defendants - Suit even if not maintainable against one defendant, it will not have effect of rendering the same non maintainable as against the remaining three defendants - At the most name of such a party may be struck out U.O.1.R.10(2) CPC - Suit,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34-- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee transaction are valid and genuine - But in present case, since forged guarantee documents..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Court has to take the pleadings in the plaint on their face value - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read the entire plaint as a whole to find out whether it discloses cause..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Trial Court can exercise power to reject the plaint at any stage of suit even before registering the plaint or after issuing summons to the defendant or at any time before conclusion of trial...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 91, 151, Order 7, Rule 11-- Rejection of plaint - Wrongful act affecting public by allotment of a plot to defendant - Plaintiff not claiming redressal of any injury or infringement of any of his personal legal right - Leave of Court for redressal of alleged public wrong as mandated by S.91 CPC not sought - Leave of Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Substance of plaint itself should be assumed as correct - Court should proceed to examine whether on such assumptions, the suit was to fail as being bared by law - Contention of defendant in such a situation is irrelevant...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Relevant facts, which need to be looked into for deciding an application U.O.7.R.11 CPC are the averments in the plaint, which are germane and the pleas taken by defendant in written statement are wholly irrelevant...........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Validity - Rejection of plaint sought on ground that plaintiff had no cause of action - Claim by plaintiff based on family settlement - Family settlement being part of plaint clearly show that defendant was to discharge liabilities of Foundary - Allegation in plaint that..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Only the averments made in the plaint are relevant - Case of defendant not to be considered at this stage...........

Showing : 81-90 of 143 Results