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, 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 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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint At the time of disposal of application U.O.7.R.11 CPC, only averments made in the plaint are to be seen and defence of defendants cannot be considered...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8 -- Rejection of plaint - Suit for declaration that relinquishment deed is null and void - Grandson has no right in the suit property during life time of his father - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff did not show any urgency as he had earlier filed a suit without seeking any urgent interim reliefs and then withdrew the same - Subsequently, he filed a suit along with an application for seeking ex..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Issue regarding jurisdiction has already been framed in pending suit and same is at the evidence stage - Court to decide the same along with other issues after conclusion of evidence by parties - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
