Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court's focus is mainly on contents of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for damages - Malicious prosecution - Cause of action accrues after decision of civil suit - Present suit filed within a period of one year from decision of earlier suit is not barred by time - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC, contents of plaint and documents appended thereto are relevant and it is duty of Court to find out clear right to sue and limitation - If on the basis of averments in plaint, it is manifest that suit is barred by limitation, Court need..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaintiff is claiming his right in suit properties, which are alienated in years 1972 and 1975 - He attained majority in the year 1978 and was aware about aforesaid transactions in exclusion of his alleged right - However, plaintiff has no explanation for 43 years delay to assail..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is a mixed question of law and fact which can be decided on appreciation of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents annexed with plaint are required to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Article 18 -- Rejection of suit - Limitation - For Art.18 of Limitation Act to apply the acknowledgment of liability must be within the period of limitation - The acknowledgment of liability having been made beyond the stipulated period of limitation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Suit filed after a lapse of 28 years from the date of execution of agreement - Plaintiff stated in his plaint that he continued to pursue the agreement but on denial of defendants registered notice was given to them in the year 2020 - He thus, created cause of action for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for compliance of compromise and permanent injunction - Civil Court has jurisdiction to try suit for compliance of compromise arrived at between parties - Plaint cannot be rejected...........
