Showing : 41-50 of 120 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Valuation of suit - In order to determine the valuation of suit, recitals/averments in plaint are to be considered - Defence of defendant cannot be taken into consideration...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application filed after conclusion of plaintiff's evidence and when it was the turn of defendant to examine himself and when he was cross-examined - Application for rejection of plaint not bona fide - Application dismissed with costs of Rs.3000/-...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Plaint can be rejected only when statement in plaint, without any doubt or dispute, discloses that suit is barred by limitation - Court is not empowered to consider the case of defendant at the stage of invoking the power U.O.7.R.11(d) CPC...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7-- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct on the basis of which..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of O.2.R.2 CPC - Where it is not apparent from the averments made in plaint that suit is hit by O.2.R.2 CPC, same has to be proved on the side of defendant by producing the pleadings and evidence adduced in earlier suit and plaint cannot be rejected at the threshold stage..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Deficient Court fees - Ground of deficient Court fees can be raised only when defendant pleaded that subject matter was not properly valued or Court fees not sufficiently paid - Such defence and pleading not envisaged U.O.7.R.11 CPC - Plaint not liable to be rejected on..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - What the Court has to consider is not whether plaintiff has a cause of action against defendant but whether plaint as framed discloses a cause of action...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to..........

Showing : 41-50 of 120 Results