Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Plaintiff himself has come out with a case that tenancy was for a godown - Defendant moved application U.O.7.R.11 CPC alleging that premises was not a `building', suit could not have been instituted in the Court of Small Causes - Court of Small Causes rejected said application and..........
Civil Procedure Code, 1908, Order 6, Rule 6, Rajasthan Panchayati Raj Act, 1994, Section 43, Rajasthan Panchayati Raj (Election) Rules, 1994, Rule 80 -- Election petition - Rejection of plaint - Application for - Not mentioned in application as to what are the material facts which were necessary to be incorporated - Held, in absence thereof election petition can not be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection plaint - Whether a plaint can be rejected U.O.7.R.11 CPC even after settlement of issues or at starting of the trial? - Held, a plain reading of O.7.R.11 CPC does not bar rejection of a plaint at any stage of the proceeding if the suit is barred by law - In other words, starting of the trial or settlement of issues..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purposes of deciding an application U.O.7.R.11 (a) and (d) , the averments in the plaint are germane - Pleas taken by the defendant in the written statement would be wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant factors - Held, for purpose of deciding application U.O.7.R.11 CPC only averments in the plaint are relevant - Pleas taken by defendant in written statement would be wholly irrelevant at that stage - Basic question to be decided while dealing with an application filed U.O.7.R.11 of CPC is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application is maintainable when filed before framing of issues - Court can exercise power U.O.7.R.11 CPC at any stage of the suit before conclusion of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery of money - Rejection of plaint sought on the ground that cause of action for recovery of entire amount would be a single transaction and that plaintiff ought to have brought a single suit for the same and was not justified in splitting the same - Held, this cannot be a ground for rejection of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Trial Court can exercise the power U.O.7.R.11 CPC at any stage of the suit before registering the plaint or after issuing summons to the defendant, any time before the conclusion of the trial...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - For the purposes of deciding an application U.O.7.Rr.11(a) & (d), the averments in the plaint are germane - Pleas taken by defendant in the written statement are wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Arbitration agreement alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - When fraud is alleged in execution of the agreement containing an arbitration clause then remedy lies in the civil court - No question of rejection..........
