Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - If on the face of it suit is barred by limitation, Court can exercise its discretion to reject plaint unless Court finds that issue of limitation is to be determined after trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - If by means of clever drafting a camouflage has been created in order to create an illusion of a cause of action then such cases should be nipped in the bud at the first hearing itself i.e. even before admitting the suit and issuing summons or any time thereafter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Jammu and Kashmir Civil Procedure Code, 1977, Order 6, Rule 17 - - Amendment of plaint - Amendment sought to substitute other land instead of suit land - By proposed amendment entire structure of suit, cause of action and relief gets changed - Such unwarranted amendment should not have been allowed - Impugned order of allowing amendment of plaint set aside - Since..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree of divorce - Suit for declaration that consent decree is null and void - Consent decree of divorce cannot be challenged by filing a suit - Remedy is open to respondent to file an application in the same suit in which compromise was recorded U.O.23.R.3-A CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property is ancestral property of..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - In case of doubt regarding valuation shown in memorandum of appeal registry can verify the copy of plaint available with counsel for the appellant - Copy of decree of trial Court can at least be produced along with memorandum of second appeal even if decree of appellate Court has not been drawn up...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is that bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in suit - So long as plaint discloses some cause of action or raises some questions of facts to be decided by Court, mere fact that case is weak and not likely to succeed would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - Defendant sent a letter in 2002 to plaintiff for repudiation of agreement - Art.3 of Limitation Act prescribes 3 years limitation period for filing suit for specific performance from the date when seller refuses to perform his part of agreement -..........
