Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Sufficient grounds - Careless framing of plaint without disclosing proper valuation, cause of action, other material facts such as lunacy of plaintiff's father and uncles comes within ambit of sufficient grounds for allowing plaintiff to institute a fresh suit regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application - Revision petition thereagainst - Grounds taken in revision petition were neither raised in the application filed U.O.7.R.11 CPC nor were argued before concerned Court - Grounds now raised not grounds to be dealt with at the stage of deciding application U.O.7.R.11 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint and return of plaint - A plaint cannot be both rejected and returned at the same time - These two actions have distinct purposes under law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Suit land was sold to defendant and same was converted into residential land - Patta was issued to various persons - Plaintiff had not sought relief of declaration as a Khatedar rights - Without getting declared khatedar rights, plaintiff had no right to file suit - Suit..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Commercial suit - Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - If suit is instituted on or after 20.8.2022, without complying with S.12-A of Commercial Courts Act, then it must meet with rejection U.O.7.R.11 CPC, either on an application by..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For entertaining a plaint and for rejection of a plaint, contents of averments made/pleaded in plaint are required to be seen and if no cause of action has arisen, then suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court's focus is mainly on contents of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once a plaint is returned to plaintiff, same should not be entertained on basis of same averments made earlier in same plaint...........
