Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Court is to be guided by averments in the plaint and not the defence taken...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Contents of plaint does not disclose any cause of action whatsoever - Details as mentioned in the plaint were not sufficient for continuation of civil suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Inconsistent averments in plaint - Not sufficient to come to conclusion that cause of action is not disclosed in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application only averments made in plaint and documents produced along with the plaint are required to be seen - Defence of defendants cannot be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments made in the plaint can be considered or looked into while deciding an application for rejection of plaint...........
