Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Res judicata is not mentioned as a ground for rejection of plaint - Once res judicata is not included as a ground in O.7.R.11 CPC it cannot be added nor can the relief under the provision be extended through implication...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection of plaint even..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 7, Rule 11 -- Muslim - Restitution of conjugal rights - Petitioner a Muslim - No mention in petition that marriage was performed according to customs of Hindu religion or that petitioner converted to Hinduism - Act applies only to marriages that take place between parties, who profess Hinduism -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds enumerated in the provision are not exhaustive - Plaint can be rejected on other grounds also such as plaint when not signed by plaintiff or the person authorised by him or when it does not disclose a clear right to sue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to look upon only the plaint allegations and documents, if any, filed alongwith the plaint and not the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Plaintiff admitted to have obtained knowledge of sale deed in the year 1993 - Suit filed after a lapse of 9 years in the year 2002 - Suit should have been filed within three years - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Court can exercise power U.O.7.R.11 CPC at any stage of the suit - Statement in plaint, without addition or subtraction must show that it is barred by any law to attract application of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant facts, which need to be looked into for deciding an application U.O.7.R.11 CPC are the averments in the plaint, which are germane and the pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to formulate a complete cause of action, all material facts need to be pleaded - Omission to plead a single material fact would lead to an incomplete cause of action, and the statement or the plaint becomes bad - In such a situation, the provision casts a duty on the Court to perform its..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil court - Unauthorized construction - Notice u/s 260 & 267 of Maharashtra Municipal Corporations Act - Bar of jurisdiction of civil Court u/s 433-A of Maharashtra Act - Jurisdiction of Civil Court is barred when a declaration is sought that notice is illegal - However, civil court has..........
