Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If pleadings made by plaintiff have created an illusion in respect of cause of action, remedy available to defendant is to resort to O.10 CPC in accordance with law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction, cause of action and limitation can only be decided after framing of necessary issues and leading of evidence by parties, in view of pleadings made in plaint - No indulgence granted in favour of defendant in revision petition - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined at this stage, as same..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff instituted suit in respect of Schedules `A' and `B' properties - Defendant asserts that plaintiff has no cause of action against her in respect of Schedule `B' land - Plaint cannot be rejected in part and if no cause of action is disclosed, plaint as a whole must be rejected - However, on a..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Defence raised by defendant cannot be considered to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of title on basis of adverse possession - Suit property already transferred by defendant in favour of his daughter prior to filing of suit - Plaintiff did not challenge said sale deed, he thus, had no cause of action to institute suit against defendant - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit - Though Court is not expected to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Rejection of plaint - Withdrawal of earlier suit, in between parties, by unconditionally admitting title and possession of defendant on suit land - Said acknowledgment/admission was not conditional - It was not even mentioned in the application that a compromise has been..........
