Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas taken by defendant in written statement cannot be taken into consideration for deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- As amended by State of J&K - Written statement - Not filed within stipulated time - Filing of an application U.O.7.R.11 CPC seeking rejection of plaint, cannot made as a ruse for retrieving last opportunity to file written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of allegations levelled by defendant in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint is liable to be decided on basis of averment in plaint and not on basis of material produced by defendants either in written statement or in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - To decide application for rejection of plaint, Court has to examine averments in plaint and pleas taken by defendants in its written statement would be irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, only plaint averments are to be looked into - Pleas taken by defendant in written statement are not at all relevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding an application U.O.7.R.11(d) CPC, averments in plaint are germane, pleas taken by defendant in written statement would be wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Questions sought to be raised by defendants are open to be raised by them by filing a written statement - Issue regarding limitation in filing suit remains a mixed question of law and facts - Obviously, contentious issues shall be adjudicated by Court on the basis of evidence to be led by parties -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application - Attention of Court drawn towards plea in written statement - Held, while deciding application U.O.7.R.11 CPC, Court is required to see averments made in the plaint - Court is not required to see the averments in the written statement or the stand of defendants - Order..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act in accordance with law - At..........
