Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Not a ground for non suiting the plaintiff at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleadings in plaint should be criterion for consideration of application U.O.7.R.11 CPC for rejection of plaint and not the defence set up by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only the averments in plaint are relevant - Court not to consider the defence of defendants for deciding the application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint can be allowed only if all the allegations in the plaint taken in their entirety at heir face value to be corrected, appears to be barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - It is only if averments in plaint ex facie do not disclose cause of action or on a reading thereof, suit appears to be barred under any law, plaint can be rejected - In all other situations, claims will have to be adjudicated in the course of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is the averments in the plaint that has to be read as a whole to find out whether it discloses a cause of action or whether suit is barred under any law - At the stage of consideration of application U.O.7.R.11 CPC, stand of defendants in the written statement is altogether irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Claim of plaintiffs with regard to knowledge of essential facts giving rise to cause of action as pleaded will have to be accepted as correct, - Averments in plaint not disclosing that either of suits is barred by limitation so as to justify rejection of plaint U.O.7.R.11 CPC - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - If on the fact of it suit is barred by limitation, Court can exercise its discretion to reject the plaint unless Court finds that issue of limitation is to be determined after trial in doubtful matter where such issue needs a trial...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Suit for declaration - Suit property was transferred to predecessor in interest of defendants in the year 1962 - Said fact is in the knowledge of plaintiff - Cause of action not being a re-occurring event and right to sue having occurred immediately at that time - Suit filed in the year..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration cannot be granted so long as..........
