Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Issue as to whether some further relief other than relief sought in the plaint was available to plaintiffs and plaintiffs were able to seek same, but have omitted to do so, is to be decided after adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Whether a person is in possession or not, actual, deemed or constructive is a fact to be established or dismantled by parties by leading evidence to be appreciated by trial Court on the conclusion of trial - It is not a fact which can be elucidated or extracted from the averments of plaint and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application U.O.7.R.11 CPC can only be decided once the plaintiffs filed their objections against it...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 26, Rule 9 -- Application for rejection of plaint and appointment of commissioner - Priority to decide first - There is no provision in CPC which requires Court to give priority to one application over the other - Merely because an application for rejection of plaint is filed on the date of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding an application for rejection of plaint, only averments made in the plaint are to be taken into consideration...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed through power of attorney - Suit whether maintainable in terms of law and whether power of attorney holder has a locus standi to prefer the suit - Cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - It is a decree within meaning of S.2(2) of CPC - It is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents referred in support of plea for rejection of plaint - Cannot be considered being not filed alongwith plaint...........
