Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Not purely a question of law - It is a mixed question of law and facts - Plaint cannot be rejected on ground of limitation if disputed facts are involved...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit court fee - Plaintiff has to value the relief of declaration and consequent cancellation of gift deed at the value of the suit property as reflected in the registered gift deed - Plaintiff to pay deficit court fee within a period of twelve weeks and failing to pay within the time granted, plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Variation of properties in the agreement of sale and the suit schedule - Same cannot be decided while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Court has to take the pleadings in the plaint on their face value - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read the entire plaint as a whole to find out whether it discloses cause of action and if it does,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for injunction claiming to be in possession under the mortgage and suit was dismissed on the ground that mortgage was not true - Second suit filed for specific performance where one of the items of consideration is the mortgage itself - Held, finding regarding validity of mortgage and claim of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Petition U.O.7.R.11 has to be taken and disposed of at the earliest so that if a case does not deserve a full fledge trial, it need not to be detained as one more case in the Court records...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Consequential relief of possession not claimed - Held, whether suit of plaintiff is likely to fail for failure to ask for consequential relief of possession is not the concern of Court while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - At a time, not more than one set of interrogatories to the same party be given - However, on justifiable reasons other set also can be delivered, subject to permission of Court - Permission has to be given liberally but care has to be taken that it is not misused...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories are for purpose of seeking admissions on facts and also in respect of documents which are disclosed or produced by other side - By putting questions to other party, these admissions are sought to destroy case of respondent - This helps a party to reduce length of cross-examination and to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title was directly and substantially in issue, for grant of injunction, in previous suit - Decision therein bars the defendants from agitating the question of title...........
