Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court to consider only averments as made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 10, 11 -- Execution petition at the instance of a person who is neither D.H. nor an assignee/transferee/LR of DH is not maintainable...........
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, Section 11 -- Res judicata - Principle of res judicata applies also as between two stages in same litigation to the extent that a Court whether trial Court or a higher Court having at an earlier stage decided a matter in one way will not allow parties to re-agitate the matter again at a subsequent stage of same proceedings - However, what is..........
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...........
