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Results of s 11

Showing : 861-870 of 3232 Results

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint disclosing no cause of action and hopelessly barred by limitation even if averment made in application for amendment of plaint are taken into consideration in view of admission and knowledge of plaintiff and her family members - Plaint rejected...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - In case Court is doubtful about issue of limitation or two views are possible, the benefit would go in favour of plaintiff and issue of limitation be postponed for determination after trial - However, if it is apparent on record from the reading of plaint and documents that plaint does not..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit - Banking law - There is expression of mere apprehension of plaintiffs that Negotiating Banks were in active collusion with beneficiary - No explanation or justification has been made in plaint as to how this active collusion came about or what makes the plaintiff suspect so - No cause of..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Eviction petition - Earlier eviction petition filed on the ground that tenant had violated the terms of lease deed and landlord requires the premises for his own use - Subsequent eviction petition sought on the ground of no, payment of rent - Cause of action in both the petitions is..........

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 - Suit whether hit by..........

MADRAS HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided in the application for rejection of plaint - Said plea has to be decided only at the time of trial by framing appropriate issues...........

MADRAS HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action, fraud, misrepresentation - Not a ground for rejection of plaint...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11 -- Ex-parte decree - Obtained by committing fraud - Decree will not operate as res judicata...........

Showing : 861-870 of 3232 Results