Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Accrual of cause of action for filing suit consist of bundle of facts - Factum of suit being barred by limitation is ordinarily a mixed question of fact and law - Even for that reason, invoking O.7.R.11 CPC is ruled out...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Any question which requires to be decided on basis of evidence of parties, cannot be basis for rejecting a plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact and law which can only be determined conclusively after parties lead their evidence...........
Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction - Court fees liable to be paid thereon, duly paid - Simplicitor suit for mandatory injunction is maintainable - Plaintiff cannot be asked to pay Court fees u/s 7(v) of the Act - Impugned order to pay further Court fee set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order passed on an application U.O.7.R.11 CPC is revisable...........
Arbitration and Conciliation Act, 1996, Section 7, 48(1)(b) -- Foreign award - Enforcement - Two-tier arbitration clause - Dispute regarding quantity of dry weight of copper concentrate - Plea that London arbitrator should have determined the question of jurisdiction as preliminary question, raised for the first time in Supreme Court - Respondent not participating in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint alone are required to examined while considering application U.O.7.R.11 CPC - Neither defence nor evidence comes into play at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Contents of plaint does not disclose that suit is barred by limitation - Lack of specific date of knowledge does not disentitle plaintiff to an opportunity to prove his case - It cannot be said that plaintiff has not disclosed date, month or year of crucial events - Plaint cannot be rejected -..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Proof - Contradictory statements of PW2 (mother) and PW3 (wife) and also contradictory statement of PW3 recorded earlier in mutation proceedings to establish marriage with one `S' - Moreover there is no other evidence other than self serving statements of PW2 & PW3 which are not sufficient to establish marriage of PW3..........
