Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant had taken a ground that suit was undervalued and Court fee was insufficiently paid - Said submission is not covered U.O.7.R.11(b), (c) CPC as Court had not directed plaintiff to correct valuation or to supply required Court fee - This is not a ground for rejection of plaint - Plaint not liable..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - In an application U.O.7.R.11 CPC, Court has to look into the averments made in the plaint and the document filed along with the plaint alone - At that stage, Court cannot look into the written statement or documents filed along with written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiffs are entitled for the relief sought in the suit and whether suit is within stipulated period of limitation are mixed question of facts and law and same have to be decided on trial and cannot be a ground for rejection of plaint, especially the burden lies upon plaintiffs to establish..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application cannot be allowed on the issues that are not evident from the plaint averments itself...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact - Since there is no undisputed evidence placed on record by defendant to prove that suit is barred by limitation, question of allowing application U.O.7.R.11 CPC does not arise - Only after trial, the issue whether suit is barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant failed to file written statement within statutory period and has lost the right to file the same pursuant to orders passed by High Court - Question of permitting defendant to raise the grounds in the application which ought to have been raised in the written statement does not arise -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding an application U.O.7.R.11 CPC, has to look into plaint averments alone...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Adequate averments have been made in the plaint in respect of subject claim - Whether plaintiffs are legally entitled to suit claim or not can be adjudicated only after trial and not in the application U.O.7.R.11 CPC - Application dismissed...........
