Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds for rejection of plaint not available by a bare reading of plaint - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Suit barred u/s 446 of Companies Act - Suit was filed subsequent to the date of winding up order passed by High Court - Official Liquidator was also appointed and he had taken into his custody all the properties of company - Once liquidation proceedings are initiated against Company, no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - Continuation of trial of suit when suit is barred by law and as plaint would not reveal any cause of action against defendant which is nothing but wasting the precious time of Court and all persons involved in trial - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 11 -- (As in Bombay) - Striking off defence - Violation of order granting maintenance - Divorce proceedings - Husband violated order granting maintenance - Although prayer is not sought for dismissal of divorce petition, however, there is no impediment in granting such relief as order granting maintenance is breached - Direction..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact and law - Said issues are triable issues - Trial Court will consider said issue at the time of trial - Plaint cannot be rejected on issue of limitation...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While determining an application filed U.O.7.R.11 CPC, Court should restrict itself to the plaint and should not go into the detail facts as provided under the written statement or even in the application filed for rejection of plaint - While scrutinizing the averments in the plaint, Court can read..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
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...........
