Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where prayer is for rejection of plaint on the ground of limitation and if from plain reading of plaint it appears that suit is barred by time then in that exceptional circumstances, plaint may be rejected U.O.7.R.11 CPC on the ground of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit filed after expiry of period of limitation is barred by time - Plaint rejected - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, Court is required to confine itself to averments contained in plaint or petition and to examine whether on the date of its presentation, it disclosed a cause of action and was maintainable in law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC is not meant to be exercised on the basis of subsequent events unless such events completely extinguish cause of action or render proceedings inherently void...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition originally filed by competent person in his own right and on behalf of his minor daughter - Subsequent death of said person did not render eviction petition void or non est - Application U.O.7.R.11 CPC could not succeed merely on the ground that for a limited period minor petitioner was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court at the stage of considering application U.O.7.R.11 CPC is not concerned with correctness of averments, except to state that plaintiff has to discharge the burden of proving his case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If statements in plaint are taken to be true, it cannot be said that it does not disclose a cause of action and plaint shall be rejected - This is a matter of trial, result of which would depend upon evidence adduced by plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contentious issues - Can only be ascertained after parties lead evidence - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
