Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Categorical admission made by plaintiff cannot be allowed to be amended - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue as to whether suit schedule properties were subject matter of earlier round of litigation is clearly a disputed question of fact, which requires adjudication only after a full fledged trial and not at the stage of an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Issue as regards re-adjudication and entitlement of the share would necessarily require adjudication only after a full fledged trial especially when there are disputed factual issues to be decided by Trial Court and not while considering an application U.O.7.R.11 CPC - Application..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs are not a recorded tenant and now during pendency of civil suit they have filed revenue suit to declare their khatedari right - Right of plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can never be rejected for non-existence of cause of action, but a plaint can be rejected for non-disclosure of cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Averments made in the plaint of plaintiffs are clearly and unambiguously disclosing cause of action for filing suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - In the absence of any specific denial in the written statement, contents of plaint would be deemed to be admitted...........
