Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of an application U.O.7.R.11 CPC for rejection of plaint is a good ground for not filing the written statement within time as in case success of said application plaint would be rejected and in that circumstance, defendant was not required to file his written statement -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Affects the rights of parties conclusively - Deemed to be decree and thus appealable...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of lack of pecuniary jurisdiction - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - To ascertain cause of action, court is required to consider averments made in plaint as a whole, without making an addition or subtraction in pleadings - Plaint did not disclose any cause of action - Only an illusion of cause of action created by clever drafting - Held, plaint liable to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Objection regarding maintainability of suit pleading bar of S.34 of Specific Relief Act - Held, such objection cannot furnish ground for rejection of plaint - It cannot be considered without evidence...........
Civil Procedure Code, 1908, Order 7, Rule 1(d) -- Rejection of plaint - Suit when barred by provisions of Limitation Act by very statement in the plaint then plaint can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint can be filed at any stage of the proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint whether discloses a cause of action or not has to be gathered from the averments made in the plaint itself - In ascertaining whether the plaint shows a cause of action, Court is not required to make an elaborate enquiry into doubtful or complicated questions of law or fact...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of consideration of application U.O.7.R.11 CPC plaint allegations have to be presumed to be correct...........
