Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Rejection of plaint for part of plaint for non-disclosure of cause of action is not permissible, as plaint has to be accepted or rejected as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Rejection of plaint for part of plaint for non-disclosure of cause of action is not permissible, as plaint has to be accepted or rejected as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Cause of action to file suit arose on the date when registered sale deed is executed in favour of defendant through Court proceedings - Prior to said date defendant himself was not having any title to suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff specifically pleaded that defendant had fraudulently manipulated family settlement deed in absence of plaintiff and proforma defendants, therefore said family settlement is illegal void ab-initio - Cause of action accrued to plaintiff when defendant threatened to dispossess him from suit land -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In the given facts it cannot be said that plaint does not disclose cause of action - Application for rejection of plaint filed after 9 years of filing of written statement - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for cancellation of election - Clear and specific facts pleaded in the plaint in support of relief claimed by plaintiff in the suit - It cannot be concluded that it does not disclose a cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction of Commercial Court - Pleadings are on record regarding existence of cause of action within territorial jurisdiction of Commercial Court - Court below did not deal with averments in specific and also failed to see documents filed with suit - Order of rejection of plaint set..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint not clearly demonstrating when cause of action arose - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plaintiff failed to demonstrate its right to claim the relief as sought in the plaint - Plaint rejected...........
