Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of allegations levelled by defendant in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power to reject plaint can be exercised either before registering plaint or after defendant appeared before Court and prays for rejection or any time thereafter but before conclusion of trial...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Cause of action - Suit for compensation and damages - Plaintiffs have based their claim on acknowledgement of liability and agreement to pay amount in question, which was allegedly made within limits of Court at place `I' - On account of failure and refusal of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Only plaint averments to be seen - Documents filed by defendant at pre trial stage not at all relevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, only plaint averments are to be looked into - Pleas taken by defendant in written statement are not at all relevant...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding an application U.O.7.R.11(d) CPC, averments in plaint are germane, pleas taken by defendant in written statement would be wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-issuance of notice u/s 80 CPC - Averment in complaint that an application is filed separately to dispense with notice u/s 80 CPC - Held, it cannot be concluded by examining averments in plaint that plaint is liable to be rejected on the ground that it is barred by law - Even otherwise, defendants who..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties, O.7.R.11 CPC has no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether the property belongs to..........
