Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factual disputes cannot be resolved at the stage of considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Selective severance of reliefs is impermissible where different causes of action are independently pleaded and supported by distinct facts...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wholesale rejection of plaint without appreciating that reliefs claimed flowed from multiple and distinct causes of action particularly one arising after revocation of power of attorney amounts to an improper application of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint cannot be rejected merely on the ground of insufficient Court fee - Plaintiff be afforded an opportunity to rectify such deficiency - Only upon failure to comply, plaint can be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this preliminary stage, Court is required to confine its examination strictly to averments made in plaint and not venture into merits or veracity of claims - If any triable issues arise from pleadings, suit cannot be summarily rejected...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Issues relating to title of immovable property fall exclusively within jurisdiction of civil Courts and not revenue authorities...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If a question of law does not affect merits of matter and its final outcome is merely a question of law, it is not a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second Appeal shall be heard on question formulated in appeal - At the stage of hearing of appeal it will be open for respondent to argue that question of law so formulated is not involved in the appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
