Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Nature of document cannot be considered by Court on an application U.O.7.R.11 CPC, as same could be concluded only after consideration of defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application U.O.7.R.11 CPC can be filed at any stage of suit...........
Commercial Courts Act, 2015, Section 8, 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of application U.O.7.R.11 CPC by Commercial Court - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Cause of action to file suit arose on the date when registered sale deed is executed in favour of defendant through Court proceedings - Prior to said date defendant himself was not having any title to suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff specifically pleaded that defendant had fraudulently manipulated family settlement deed in absence of plaintiff and proforma defendants, therefore said family settlement is illegal void ab-initio - Cause of action accrued to plaintiff when defendant threatened to dispossess him from suit land -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Parties are yet to prove their respective contentions - Point of limitation requires to be decided along with other issues between parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In the given facts it cannot be said that plaint does not disclose cause of action - Application for rejection of plaint filed after 9 years of filing of written statement - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Misjoinder or non-joinder of parties - Can be a ground for rejection of suit ultimately but cannot be ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for cancellation of election - Clear and specific facts pleaded in the plaint in support of relief claimed by plaintiff in the suit - It cannot be concluded that it does not disclose a cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim filed much after framing of issues as well as filing of additional written statement - Allowing counter claim would relate back to date of filing of dispute and date of impleadment of petitioners as opponent in dispute application i.e in..........
