Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is entirely a question of fact, which has to be decided after recording evidence - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Objections as taken by defendant are mixed question of facts and law, which cannot be decided at this stage - Plaint not liable to be rejected - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit is barred by S.206 of U.P Revenue Code - Jurisdiction of civil Court to entertain a suit for injunction is neither expressly barred nor by implication in any of clauses of S.206 of U.P. Revenue Code - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Res judicata - Findings recorded by Court/Tribunal while deciding application U.O.7.R.11 CPC will not operate as res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by law - To be determined from the statements in the plaint - It is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application it is only the plaint allegation has to be seen and not the defence which is being taken by defendant either in his written statement or in his application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Recovery suit - Defendants are residing in Bombay and no corporate office of defendants is situated at Mhow and even no negotiation took place at Mhow - Mere fact that plaintiff had received certain e-mails regarding negotiation at Mhow, does not create any cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
