Civil Procedure Code, 1908, Section 2(2), 115, Order 7, Rule 11 -- Rejection of plaint - Deemed to be a decree - It is appeal and not revision which is maintainable thereagainst...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff filed suit for declaration of 1/6th share and for permanent injunction - It cannot be said at this stage, that suit is not maintainable in view of S.34 of Specific Relief Act - Application U.O.7.R.11 CPC dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation and payment of Court fee - Plaintiff valued the suit for declaration at Rs.50 lacs on which fixed Court fees has been paid and for purpose of permanent injunction, plaintiff valued the suit for Rs.1000 and paid Court fees of Rs.120 which cannot be said to be improper at this stage - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC only averments in plaint are to be seen - From the averments of plaint, Court is not satisfied that suit seeking cancellation of sale deed is hit by law of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim is virtually a plaint - Plaint which falls within teeth of conditions laid down U.O.7.R.11 CPC is liable to be rejected at the threshold for which plaint allegations alone are required to be considered and nothing else...........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration award under Uniform Domain Name dispute Resolution Policy (UDNRP) - Rule 4(k) and 18 of UDNRP does not prohibit the proceedings of Civil Court - Rejection of application U.O.7.R.11 CPC by trial Court, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 8 -- Rejection of plaint - Arbitration agreement - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration...........
