Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering prayer for rejection of plaint, Court is required to see only pleadings and not defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact and not a pure question of law under which a delayed suit cannot be entertained - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of earlier suit U.O.7.R.11 CPC does not bar fresh suit on the same cause of action provided right of action is not barred by law of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering question of rejection of plaint, it is plaint alone which has to be read meaningfully and not any averment in written statement - It is also necessary sometimes to consider documents annexed to plaint for a holistic and comprehensive reading of plaint in order to decide whether plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant is not entitled to seek rejection of plaint on the ground that document is not registered, as admissibility of document will arise during course of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of res judicata, cause of action, under valuation, limitation have to be decided on trial but the same cannot be a ground for rejection of plaint, especially when parameters of O.7.R.11 CPC are not satisfied...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
