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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..........
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..........

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