Showing : 1-10 of 143 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of plaintiff and appeals against the..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For the purpose of deciding an application U.O.7.R.11(d) CPC, averments in plaint are germane, pleas taken by defendant in written statement would be wholly irrelevant at that stage...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties,..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - If pleadings made by plaintiff have created an illusion in respect of cause of action, remedy available to defendant is to resort to O.10 CPC in accordance with law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Issue of jurisdiction, cause of action and limitation can only be decided after framing of necessary issues and leading of evidence by parties, in view of pleadings made in plaint - No indulgence granted in favour of defendant in revision petition - Application rightly..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Defence raised by defendant cannot be considered to decide application for rejection of plaint...........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Suit for declaration of title on basis of adverse possession - Suit property already transferred by defendant in favour of his daughter prior to filing of suit - Plaintiff did not challenge said sale deed, he thus, had no cause of action to institute suit..........

Showing : 1-10 of 143 Results