Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed by plaintiff on the basis of adverse possession - Plaint lacks material particulars and plaint does not disclose cause of action for institution of suit - Plaint rejected...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaring sale deeds as null and void - Suit filed on 22.11.2019 averring that plaintiff came to know for the first time about sale deed on 30.10.2019 - No averment in the plaint and no document on record, which shows that plaintiff had knowledge about sale..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond scope of O.7.R.11(d) CPC, where only statements in plaint have to be perused...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Earlier suit was not decided when subsequent suit was filed - Plaint, on the face of it, does not disclose any fact for rejection of plaint on the ground that it is barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in written statement as well as contentions of defendant are wholly irrelevant while considering application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action would not be limited only to actual infringement of right sued, but also includes all material facts on which it is founded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of joint ownership - Plea regarding compulsory registration of property, being plea of defence cannot be looked into while deciding application U.O.7.R.11 CPC...........
