Showing : 111-120 of 126 Results

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..........
DELHI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - At this stage Court can examine only the plaint and the documents placed on record by plaintiff - Court cannot look at the defence of the defendant or the documents relied upon by defendant - So long as the plaint discloses some cause of action which requires determination by..........
Punjab and Haryana high court
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, 11-- Cause of action - Territorial Jurisdiction - Suit for recovery filed at Gurdaspur - Application for rejection of plaint for want of jurisdiction - Defendant alleging that he is residing at Faridabad and transaction had taken place there - Plaintiff having bank account at Gurdaspur - Payment..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of 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 a cause of action - Whether the plaint discloses a cause of..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint can be rejected even without intervention of defendant when plaint is hit by any of the infirmities provided in the provision...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Plaint - Rejection of - Limitation - Question can be decided on the averments contained in the plaint itself - It suit is not filed within limitation it can be rejected even at the threshold without calling upon the defendant to deliver his defence...........

Showing : 111-120 of 126 Results