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..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 23(1)(b) -- Rejection of divorce petition - Condonation of acts - Single condonation of any act or acts by itself would not be sufficient to reject plaint once there is allegation in the plaint that subsequent to condonation of such acts, same were being repeated - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit filed by son from void marriage against father in respect of properties held by him - Suit is not maintainable when father is alive - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining 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 the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining 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 the fact elicited from plaintiff by examining him U.O.10 CPC...........
