Showing : 41-50 of 143 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Power of Court is to decide whether plaint discloses cause of action or not - Finding as to truth or otherwise in the allegations made in the plaint based on the contention raised by defendant in the petition U.O.7.R.11 or in the written statement is..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bereft of relevant particulars - Partition suit - Plaintiff claiming suit properties to be HUF Properties, as acquired from ancestral funds - He would be entitled to partition of suit properties even if suit properties are held to be self acquired properties of plaintiff's..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for rejection of plaint can be filed at any stage of suit - Defendant is entitled to file application for rejection of plaint before filing his written statement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Arbitration clause in agreement - Not an absolute bar to the maintainability of suit - However, if defendant upon being served with the summons of the suit, apply u/s 8 of the Arbitration Act, would be question of non maintainability of the suit and referring the party to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint- For deciding an application U.O.7.R.11 CPC, only contents of plaint need to be looked into - Stand of defendant in written statement or in application for rejection of plaint is wholly immaterial...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Court Fees Act, 1870, Section 7(iv)-- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Recovery suit - Nothing pleaded against petitioner/defendant in the plaint and no cause of action disclosed against him - Plaint rejected against petitioner/defendant...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Possession delivered in pursuance of unregistered agreement to sell - Restraining defendant not to interfere in possession of plaintiff over it and not to create obstruction in construction being carried out by plaintiff - Unregistered agreement to sell is inadmissible in..........

Showing : 41-50 of 143 Results