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 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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether Court is having the power or not to grant the reliefs as prayed for in the suit is a matter of trial and it cannot be decided in an application filed U.O.7.R.11 CPC for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When there are several triable issues involved and adequate averments have been made in the plaint in respect of subject claim, application U.O.7.R.11 CPC is not maintainable - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of proceeding - Not challengeable on the ground mentioned U.O.7.R.11 CPC...........
