Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Cause of action - When for the first time the right of the plaintiff is threatened by the defendant, it is then that the right of sue accrues and the limitation starts running - AIR 1960 SC 335 followed wherein held that whether a particular threat gives rise to a compulsive cause of action..........
Civil Procedure Code, 1908, Order 33, Rule 9, 11, Civil Procedure Code, 1908, Order 7, Rule 11 -- There is nothing in O.33.R.9 or 11 which compels the Court to postpone the collection of the Court fee in case of a dispaupered plaintiff until the suit is tried...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Insufficient Court-fee - Court to direct correction of valuation and payment of Court-fee before ordering rejection of plaint...........
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11 -- Rejection of plaint - Insufficiently stamped plaint - Reasonable time be given to the plaintiff to make up the deficiency - Court not to straightaway reject the plaint...........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Court fee - Non payment - Plaint rejected - order can be recalled even though the limitation for filing the suit has expired...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Case of applicant is that plaintiff has no cause of action - Applicant not specifically pleading that plaint does not disclose any cause of action - Court not maintaining distinction between plea that there was no cause of action for suit and plea that plaint does not disclose cause of action and..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Plaintiffs case that the entire agreement including arbitration clause is null and void and unenforceable and not that arbitration clause is void - Court not maintaining distinction between two types of cases and applying bar to suit under S.32 of Arbitration Act and rejecting plaint - Held, rejection of plaint is not..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Neither the filing of a suit nor taking of a defence in respect of either the present or past benami transaction involving the purchase of property by a person in the name of his wife or unmarried daughter is prohibited under sub-sections (1) and (2) of S.4 of the..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Statutory tenant - Civil suit for protection of his peaceful possession - Suit is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Provision cannot be given wider meaning than what is intended - There is a clear distinction in rejection of the plaint and holding on merits plaintiff not entitled to any relief...........
