Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected at the threshold on the ground that plaintiff is not entitled to any relief...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint to be read meaningfully and as a whole - Plaint has to be taken to be true - If upon such reading it discloses a cause of action, then application must fail and in case it does not disclose a cause of action then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Condition that plaint contemplates an urgent interim relief is satisfied - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while considering as to whether a plaint has to be rejected or not it is entitled to see only plaint and its averments and documents filed along with it and anything extraneous to it cannot form part of consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action and failure to disclose cause of action - Both are totally different - Plaint can be rejected only when it failed to disclose cause of action and not when it averred false cause of action - False cause of action is one that should meet its consequences at the end of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........
