Showing : 31-40 of 120 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Court Fees Act, 1870, Section 7(iv)-- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Recovery suit - Nothing pleaded against petitioner/defendant in the plaint and no cause of action disclosed against him - Plaint rejected against petitioner/defendant...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Possession delivered in pursuance of unregistered agreement to sell - Restraining defendant not to interfere in possession of plaintiff over it and not to create obstruction in construction being carried out by plaintiff - Unregistered agreement to sell is inadmissible in..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Earlier suit withdrawn without reserving any right or liberty to file any fresh suit - Fresh suit seeking same relief is not maintainable - Absence of one of defendant in subsequent suit cannot be a ground for refusing prayer for rejecting plaint...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4-- Rejection of plaint - Non-disclosure of cause of action - Averments of plaintiff qua alleged fraud, deceit, misrepresentation and undue influence attributed to defendant No.3 are completely lacking - Averments do no comply with O.6.R.4 CPC - Plaint qua defendant No.3 rejected - Defendant No.3 is..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8-- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable in law - No justification..........

Showing : 31-40 of 120 Results