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DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11-- Rejection of plaint - Jurisdiction - Agreement to supply goods made at Delhi - Goods supplied from plaintiff's godown situated at Delhi - Defendant accepted the terms and conditions printed on the bills/invoices that Court at Delhi shall have jurisdiction - Held, by virtue of S.20(c) CPC Court at..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit on the apprehension that defendant is attempting to transfer the property to some other person in breach of agreement - Held, it constitutes a valid cause of action - Suit cannot be thrown out at the threshold U.O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application has to be decided on the basis of averments in the plaint - Pleas taken by defendant in the written statement are irrelevant...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Matter is to be decided only on averments made in plaint - At this stage, pleas taken by defendant in written statement are wholly irrelevant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Application for - Counsel for respondents No.1 and 2/plaintiffs could not refer to any other ground to challenge sale deed except the ground of being Benami transaction - Held, no mixed question of law and fact is required to be adjudicated to decide application of defendant..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for recovery of dues - Plaint clearly discloses a cause of action and is not barred under law in its entirety - There is a cause of action against private defendant Nos.1 and 2 for recovery of amount - Held, suit in civil court is not barred for recovery of amount by..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Written statement filed and thereafter application U.O.7.R.11 CPC for rejection of plaint filed - Plea that suit is not maintainable - Order that objections raised by defendant shall be taken into consideration after recording evidence of both the parties - No error...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For the purposes of deciding an application U.O.7.R.11 (a) and (d) , the averments in the plaint are germane - Pleas taken by the defendant in the written statement would be wholly irrelevant at that stage...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Power to attract the provision of O.7.R.11 CPC is not conferred on the party to the suit - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law then without there being any prayer of the defendant, Court is duty bound to..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Relevant factors - Held, for purpose of deciding application U.O.7.R.11 CPC only averments in the plaint are relevant - Pleas taken by defendant in written statement would be wholly irrelevant at that stage - Basic question to be decided while dealing with an application..........

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