Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Commercial dispute - Defendants have not produced any document to show that there is any relationship between parties with regard to any business and defendants are using the property exclusively in Trade or Commerce - Plaintiffs on the other hand established that defendant is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of consideration of application U.O.7.R.11 CPC, only averments in the plaint has to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff failing to establish his right to sue - There exists no valid cause of action for filing suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiffs are claiming ownership on the basis of adoption - Adopted son having adverse decree twice affirming that he was not the adopted son - Plaintiff deliberately omitted to disclose this crucial fact - There exists no valid cause of action to initiate the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section 115, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Rejection of plaint - If favourable order is passed U.O.7.R.11 CPC r/w O.2.R.2 CPC then entire suit itself will conclude - Writ petition filed thereagainst is not maintainable in view of equally alternative statutory remedy u/s..........
