Showing : 11-17 of 17 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and partition - Plaintiffs admitted execution of Will by their deceased father and to the fact that suit premises was his self acquired property - Held, thereafter there does not exist any cause of action in favour of plaintiff to institute the suit, nor..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust..........
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..........
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(a), (d)-- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Sought on ground that no cause of action has arisen in favour of plaintiff - Partition suit instituted by son during life time of his father is not maintainable - Suit property cannot be partitioned in view of the Hindu Succession Act and plaint is liable to be rejected -..........

Showing : 11-17 of 17 Results