Showing : 31-40 of 129 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226-- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it may not be an absolute rule in every given situation,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - U.O.7.R.11 CPC, Court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by defendant or any other materials produced by defendant...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Pleas taken by defendant in written statement would be totally irrelevant at the stage of deciding an application U.O.7.R.11 CPC...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit for specific performance - Defendant No.1 agreed to sell suit property to plaintiff for consideration - Plaintiff averred that he was informed by defendant No.1 that he has entered into developers agreement with defendant No.2 for developing suit property and has paid..........
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...........

Showing : 31-40 of 129 Results