Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff did not show any urgency as he had earlier filed a suit without seeking any urgent interim reliefs and then withdrew the same - Subsequently, he filed a suit along with an application for seeking ex..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Issue regarding jurisdiction has already been framed in pending suit and same is at the evidence stage - Court to decide the same along with other issues after conclusion of evidence by parties - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can reject plaint at any stage of proceeding if it finds that conditions U.O.7.R.11 CPC exist...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action vague and incomplete - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is not competent for the Court to go into the correctness or otherwise of the allegations constituting the cause of action and the same is beyond the scope of O.7.R.11 CPC - What is required to be disclosed by the plaintiff is a clear right to sue and failure to do so must necessarily entail in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ground for rejection of plaint is failure to disclose a cause of action and not that there is no cause of action for the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court is not required to take into consideration the defence set up by defendant in the written statement...........
