Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of considering the application U.O.7.R.11 CPC, only pleadings in the plaint has to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Civil suit challenging partition proceedings on the ground that same are in violation of principle of natural justice, is not barred by jurisdiction - Moreover, question a to whether there was a violation of principles of natural justice is a disputed question of fact which would be finally adjudicated..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition - Ownership of title of property is not a subject matter before Rent Tribunal and admittedly petitioner is a tenant - Petitioner is not concerned with distribution of shares between brothers who are landlords, therefore, petitioner cannot get any undue advantage for the same - Since,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Whenever a fraud is alleged, neither revenue Courts are equipped nor competent to effectively adjudicate on allegations of fraud and Courts skilled and experienced to try such issues are Courts constituted under CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint filed under wrong nomenclature - If a proceeding has been filed under wrong nomenclature, the same can be entertained by holding it to have been filed under right nomenclature - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
