Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by S.12-A of Commercial Courts Act - On the basis of pleadings in the plaint, documents filed therewith, as also on the basis of pleadings in the application for interim reliefs, plaintiff has indeed made out enough grounds to demonstrate that it does contemplate urgent interim reliefs - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while exercising power O.7.R.11 CPC, is required to peruse only the plaint and documents filed therewith, to reach a conclusion as to whether plaint deserves to be rejected on any of the grounds provided U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by S.12-A of Commercial Courts Act - On the basis of pleadings in the plaint, documents filed therewith, as also on the basis of pleadings in the application for interim reliefs, plaintiff has indeed made out enough grounds to demonstrate that it does contemplate urgent interim reliefs - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Goes to the root of matter - This issue be decided as preliminary issue before any other issue is decided...........
Civil Procedure Code, 1908, Order 7, Rule 11, Wakf Act, 1995, Section 85, 40 -- Rejection of plaint - Bar of Civil Court jurisdiction - Jurisdiction of Civil Court is specifically ousted in determining issue whether a particular property is or is not a Waqf property - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents produced along with plaint are required to be seen - Defence of defendant cannot be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Plaint discloses cause of action which must be tried for substantial justice between parties - Success of cause of action is a matter of trial - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Issue relating to limitation is a mixed question of law and fact and same cannot be decided at the stage of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and fact elicited from the plaintiff by examining him U.O.10 CPC - Court has to presume the fact stated in the plaint as correct...........
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...........
