Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse for retrieving the lost..........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Arbitration clause in agreement - Not an absolute bar to the maintainability of suit - However, if defendant upon being served with the summons of the suit, apply u/s 8 of the Arbitration Act, would be question of non maintainability of the suit and referring the party to arbitration would arise...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Question regarding territorial jurisdiction is always a disputed question of fact which can only be decided on appreciation of evidence of parties - Plaint cannot be rejected at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint- For deciding an application U.O.7.R.11 CPC, only contents of plaint need to be looked into - Stand of defendant in written statement or in application for rejection of plaint is wholly immaterial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction is always disputed question..........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Operates only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between same parties...........
Civil Procedure Code, 1908, Section 11 -- Bar u/s 11 CPC - Where decision is on a pure question of law then Court is not precluded from deciding such question of law differently - Such bar cannot be invoked either on principle of equity or estoppel - Principle of res judicata not applicable at all...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Once plaint itself is not maintainable then application U.O.6.R.17 CPC filed by the plaintiff is liable to be dismissed...........
