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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..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for specific performance - Defendant sent a letter in 2002 to plaintiff for repudiation of agreement - Art.3 of Limitation Act prescribes 3 years limitation period for filing suit for specific performance from the date when seller refuses to..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Suit for partition - Sale deed executed by defendant alleged to be illegal, null and void but no prayer made for setting aside said sale deed - Unless sale deed is set aside, no cause of action for partition arises in favour of plaintiff - Plaint is liable..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - While deciding application, defence and documents filed by defendant not to be examined...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Sought at the stage when case was fixed for rebuttal evidence and arguments - Plea that plaintiff is a unregistered partnership firm - For deciding application for rejection of plaint only averments made in plaint are seen and version of defendant in written statement or the..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration without seeking relief of possession - Defendant in possession of some of the portion of suit property - Suit barred by S.34 of Specific Relief Act - Suit rightly rejected - However, it is open for plaintiff to file fresh suit as provided U.O.7.R.13 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred U.O.9.R.9 CPC - Where previous suit has been dismissed in default for no, appearance of plaintiff, subsequent suit based on same cause of action is to be seen from pleadings of parties in earlier suit - From the averments of plaint itself all these facts are not..........

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