Showing : 31-40 of 138 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Application U.O.7.R.11 CPC - Has to be tested on demurer - Court has to examine prayer for such rejection assuming averments in plaint as correct - Defence of defendant cannot be pressed into service to seek rejection of plaint U.O.7.R.11 CPC...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for specific performance - Non-reflection of plaintiffs acceptance of offer made by defendant in sale agreement cannot serve as ground for rejection of plaint, particularly when prima facie there was acceptance on part of plaintiff to maintain the suit - Moreover,..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for specific performance - Whether as per S.19(b) of Specific Relief Act, property was purchased by defendant No.2 in good faith or not can be adjudicated upon only after appreciation of evidence and it is not proper for trial Court to reject plaint before that stage -..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Relevant facts which need to be taken into consideration for deciding application U.O.7.R.11(a) & (d) CPC are the averments made in the plaint and the pleas taken by defendant in written statement would be wholly irrelevant at that stage and the disputed questions cannot be..........
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..........

Showing : 31-40 of 138 Results