Showing : 1-10 of 120 Results

KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has no cause of action - Plaint cannot be rejected on this ground - Plaintiff having no cause of action is different from the contention that plaint fails to disclose any cause of action - Unless defendant makes out case that plaint fails to disclose cause of..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Rejection of plaint and striking out name of parties - Once it is recognized that a probability exists for enquiry into the question whether a defendant is necessary or not in scheme of plaint as pleaded, the issue must be decided at trial and not in an application for rejection of plaint or for..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b)-- Rejection of plaint - Facts pleaded in plaint prima facie reveals a cause of action in favour of plaintiff to file suit - Defendant failed to establish that there is no cause of action and even equally failed to establish that suit is barred by any law for time being in force - Application rightly..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - While deciding application, Court has to consider averments made in the plaint as to whether it discloses cause of action and it is not barred by any law - Court need not to look into defence taken by defendant and documents produced by them - Court can take it only as a..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - At the stage of deciding application U.O.7.R.11 CPC, Court to consider only plaint averments and documents annexed with plaint - Pleas taken by defendant in written statement would be totally irrelevant at that stage...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Sought by a defendant who was proceeded ex parte for not filing written statement - Application filed by such a defendant rightly returned...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Striking off plaint u/s 151 CPC - Trial Court has no power to strike off plaint - High Court can strike off plaint either under Art.227 of Constitution of India or u/s 151 CPC - Trial Court can reject plaint if defendant makes out case U.O.7.R.11 CPC - When there is specific provision for striking..........

Showing : 1-10 of 120 Results