Showing : 11-20 of 93 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - At this stage only averments in plaint are to be looked into...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court can consider both the applications together or independent of each other - If Court considers application U.O.7.R.11 first then Court to consider plaint as a whole - In case Court considers application U.O.6.R.16..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still remain, not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - For striking out pleading or rejection of plaint, Court is not expected to decide the merits of controversy...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is only the plaint and not projected defence in written statement which is to be looked into to decide application for rejection of plaint...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Suit for declaration of ownership - Material facts regarding ownership rights of plaintiff not pleaded in the plaint - Suit thus liable for rejection at threshold - Even otherwise, there was absolutely no evidence adduced by plaintiff to prove and establish his legal ownership rights over suit..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court...........

Showing : 11-20 of 93 Results