Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Employee seeking restraint order from dispossession - Premises allotted to employee while in service - Right to continue in possession after cessation of service not disclosed in plaint - A caretaker, agent or employee does not have any right or interest to continue in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court not to examine anything beyond plaint averments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction in cause title of plaint - Defendant impleaded in his individual capacity and correction sought to implead him as power of attorney holder - Defect is only of a formal nature and is not in any manner effecting the merits or jurisdiction of Court - Such irregularities can be corrected by Courts..........
Civil Procedure Code, 1908, Order 7, Rule 10(1) -- Return of plaint - Can only be when Court comes to conclusion that suit ought to have been instituted in another Court - However, when civil Court comes to conclusion that it has no jurisdiction to entertain suit on the ground that same is barred due to availability of a statutory remedy under a statue, there would be no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only plaint averments are to be looked into and if without any doubt or dispute, the suit is barred by any law in force, then alone such an application can succeed - Disputed questions cannot be adjudicated at the time of consideration of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil court - In the peculiar facts and circumstances of the case, Court was required to have at least framed a preliminary issue relating to maintainability of suit and after allowing the parties to lead evidence on the issue of jurisdiction, proceed with the adjudication of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Agreement to sell - Suit for recovery of advance - Amendment of plaint cannot be allowed to seek relief of specific performance...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then recourse cannot be..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Deficient Court fees - Delay of two days in deposit of deficient Court fees - Court ordered the plaintiff to pay deficient Court fee within a stipulated period of four weeks - Four weeks in common parlance is taken to mean one month - If the same is taken by weeks then it would be 28 days but if taken..........
