Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed filed on two grounds i.e on basis of non-payment of sale consideration and on the ground of fraud - Even if suit is not maintainable on the ground of non-payment of sale consideration - However, there cannot be partial rejection of plaint, as plaintiff is seeking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint will have to be accepted as correct for the purpose of consideration of application U.O.7.R.11 CPC and Courts ought not to go beyond the same and appreciate merits of case while taking into consideration contents of written statement or of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to consider complete assertions and one or two lines in between as such cannot be picked up and considered for the purposes of consideration of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in its entirety merely because one of prayers or reliefs sought is legally untenable so long other reliefs are maintainable and based on independent causes of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factual disputes cannot be resolved at the stage of considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Selective severance of reliefs is impermissible where different causes of action are independently pleaded and supported by distinct facts...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wholesale rejection of plaint without appreciating that reliefs claimed flowed from multiple and distinct causes of action particularly one arising after revocation of power of attorney amounts to an improper application of O.7.R.11 CPC...........
