Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments taken in plaint should be seen and can be considered for desired purpose - Plea taken by defendant or documents submitted by him are not required to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a party asserts possessory rights, even to an inch of land, such a claim cannot be foreclosed at the threshold - Merits must be adjudicated after evidence is led - Whether such possession is legal, illegal, established, or otherwise defective is a matter for trial and not for summary rejection..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions of fact require full-fledged trial which cannot be summarily discarded at the gateway of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Unwarranted pre-determination of merits under the guise of O.7.R.11 CPC cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a clear cause of action, raises contentious questions of fact and seeks adjudication regarding nature, extent and legality of possession - Such issues cannot be brushed aside at the entry gate - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where complex and contentious matters arise, plaintiff must be afforded an opportunity to prove his case rather than being shut out at the very threshold...........
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 - Issue as to limitation is a mixed question of law and fact, which cannot be adjudicated in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court should not adjudicate on merits in dispute...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint U.O.7.R.11 CPC decided lis finally and would tantamount to a decree within meaning of S.2(2) CPC...........
