Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into the defence set up by defendant in their written statement or application while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaintiff has filed the suit not only for cancellation of sale deed but also sought to declare said sale deeds not binding on him apart from seeking perpetual injunction - However, trial Court rejected the plaint in part only to the extent of relief of cancellation of sale deeds..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition filed under wrong provision of law - Mention of wrong provision would not denude the Court and Tribunal of its power to try the election petition when Court or Tribunal is having jurisdiction to entertain such petition - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - Issues regarding impleadment of parties contesting election, can be gone into by election Tribunal while deciding whether petition was presented in proper form and defect of non-impleading necessary parties was curable - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaint cannot be rejected on a plea of res judicata raised by defendants because adjudication of plea of res judicata requires consideration of pleadings, issues and the decision in the previous suit, which cannot be done in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defence set-up by defendants or likely to be set-up by defendants in a suit, cannot be looked into at all for adjudicating an application U.O.7.R.11 CPC and only the averments in the plaint and the documents filed therewith have to be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of considering an application U.O.7.R.11 CPC, only the plaint averments can be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds taken by defendant in his application U.O.7.R.11 CPC, can be pleaded by defendant in his written statement and the same can be decided after framing an issue in this regard after considering the evidence of parties at the stage of hearing of suit - But, same cannot be looked into at the time of..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Commercial Courts Act, 2016, Section 12A -- Rejection or return of plaint - Commercial dispute - Once expressly or impliedly discretion has been exercised by Court to entertain suit on the ground that it contemplates urgent reliefs, it should not thereafter revoke that decision and reject or return plaint - Application u/s..........
