Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if there is no application U.O.7.R.11 CPC, it is required on the part of Court to see ingredients of O.7.R.11 CPC and if it is found, plaint may be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order passed U.O.7.R.11 CPC - Revision is maintainable against such an order and even otherwise, alternative remedy is not the absolute bar...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where no cause of action arose against one of defendants but there is cause of action against other defendants, plaint cannot be rejected in part only for one defendant and it shall proceed as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention of defendant involves mixed question of law and facts which cannot be decided in petition for rejecting the plaint - It has to be necessarily decided during trial - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - If a suit is not maintainable due to a specific legal bar such as the expiration of limitation period under the Limitation Act or any statutory prohibition, Court has power to reject plaint at the preliminary stage without the need for a full trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint alone have to be seen while considering application U.O.7.R.11 CPC and that they have to be assumed to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Courts must examine the entire plaint, not just select portions, to determine whether it sets out a valid cause of action or if the suit is barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding such application, only the contents of plaint are to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in the plaint are sufficient to proceed against defendant - It cannot be said that suit is barred or that there is no cause of action against defendant - Application U.O.7.R.11 CPC rightly rejected...........
