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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contradictory statements made in plaint collapses substratum of plaintiff's case - To reiterate once plaintiff acknowledges that suit schedule property is self acquired property of respondent No.1 and respondent No.1 had absolute ownership of property, plaintiff cannot subsequently plead that very same..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Consists of bundle of material facts which are necessary for plaintiff to prove in order to entitle the plaintiff to the relief claimed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Averments made in plaint must be read in its entirely and not in isolation and must be held to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Must include some act done by defendant which leads plaintiff to file a suit and includes all the material facts on which cause of action is found...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC may be pressed into service where a plaint is manifestly vexatious and meritless in not disclosing a clear right to sue...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read entire plaint as a whole to find out whether it discloses a cause of action and if it does, then plaint cannot be rejected by Court exercising..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - So long as plaint discloses some cause of action which requires determination by Court, mere fact that in the opinion of Judge plaintiff may not succeed cannot be a ground for rejection of plaint...........
