Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint cannot be rejected merely on the ground of insufficient Court fee - Plaintiff be afforded an opportunity to rectify such deficiency - Only upon failure to comply, plaint can be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this preliminary stage, Court is required to confine its examination strictly to averments made in plaint and not venture into merits or veracity of claims - If any triable issues arise from pleadings, suit cannot be summarily rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objections as to maintainability of suit are mixed questions of fact and law and same are to be considered only on the basis of pleadings and the evidence of parties and not at the threshold on the basis of plaint allegations alone...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Where a plea is taken that suit is saved by exception to benami transaction, it becomes the disputed question of fact which has to be adjudicated on the basis of evidence - Therefore, plaint cannot be rejected at the stage of consideration of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Subsequent purchasers who have no knowledge of nature of property in the hands of original owners and having no personal knowledge regarding suit property, are not the right person to move application U.O.7.R.11 CPC for rejection of plaint as allegedly barred by S.4 of Benami..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Plaint allegations all through describe the suit properties as Joint Hindu Family properties and that they have been purchased either from the nucleus of Joint Hindu Family property or the income derived from joint family business - Properties are not described as benami in the name of..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application - Revision petition thereagainst - Grounds taken in revision petition were neither raised in the application filed U.O.7.R.11 CPC nor were argued before concerned Court - Grounds now raised not grounds to be dealt with at the stage of deciding application U.O.7.R.11 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint and return of plaint - A plaint cannot be both rejected and returned at the same time - These two actions have distinct purposes under law...........
