Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue regarding limitation can be decided only after evidence is led on issue being framed qua same - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Jurisdiction of civil Court - Electricity bill in question was issued in pursuance to an assessment made by Assessing Officer for un-authorised use of electricity, in terms of S.126 of Electricity Act - Civil Court had no jurisdiction to entertain the suit in question..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata cannot be decided in an application filed U.O.7.R.11 CPC, since said issue involves consideration of pleadings in earlier suit, judgment of trial Court and judgment of appellate Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court is a mixed question of law and fact - Plaint should not ordinarily be rejected on the ground of jurisdiction without framing a distinct issue and taking evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on defence of limitation unless definite conclusion as to bar of suit by limitation is discernible from stipulations in plaint and documents annexed thereto...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff cannot be unsuited at the nascent stage of suit, merely on the basis of mutation entry unless specific knowledge of exclusion of right is brought on record...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding application U.O.7.R.11 CPC, inquiry is necessarily confined to determining whether dispute discloses a cause of action and whether statements made therein are barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
