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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question raised is a disputed question of fact - On adjudication, result may go this way or that way - Same cannot be a ground to reject plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - At the stage when evidence is yet to be led on all the disputed questions of fact and law, question of limitation cannot be said to be a pure question of law so as to justify rejection of plaint at its threshold...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defendant has right to file an application U.O.7.R.11(d) CPC for rejection of plaint even without filing the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where none of the reliefs claimed in suit can be granted to plaintiff, such suit should not be allowed to continue and to go for a trial - Such a suit should be thrown out at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
