Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Claim in suit is under two contracts (work orders) of recovery of money - Plaintiff may not in suit be able to take any claim in respect of first work order in view of forum selection clause, as jurisdiction clearly vested in Mumbai Courts - But can certainly proceed to establish its..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113 -- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A -- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit by - Rejection of plaint - Suit for share in the business of partnership firm has arisen from a contract of partnership - Plaintiff has claimed money from the defendant/revisionist as his share in the partnership business - Further, in view of the status of the plaintiff as partner, he has claimed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery of money - Rejection of plaint sought on the ground that cause of action for recovery of entire amount would be a single transaction and that plaintiff ought to have brought a single suit for the same and was not justified in splitting the same - Held, this cannot be a ground for rejection of..........
Civil Procedure Code, 1908, Section 151, 2(2), 96 -- Suit for possession by pre-emption - Order for deposit of I/5th of pre-emption money - Amount deposited within time - Plaintiff taken ill and could not attend Court nor could he inform his counsel - Counsel stated that direction of Court not complied with - Court rejected the plaint - Application under Section 151 for..........
