Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits and demerits of defences pleas could not have been gone into at the stage of deciding an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amounts to `decree' - It is appeal and not writ petition under Art.227 Constitution of India which is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Bar of subsequent suit - Earlier suit for partition dismissed as withdrawn - Cause of action for a suit for partition is a recurring one and where partition suit is dismissed, it does not bar filing of a subsequent suit, as even after dismissal of former..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Defendant raised an objection that plaintiff is not in possession of suit property - However, it nowhere reflects from pleadings of plaint that plaintiff is not in possession of suit property - Moreover, it would remain left open for defendant to raise such objection in written statement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea that there was no cause of action for suit is different from plea that plaint does not disclose cause of action - In latter case, it is duty of Court to decide question before issuing summons and reject plaint without issuing summons...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if plaint discloses cause of action in part, it cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Property in question was endowed to deity and donor did not keep any right with him - However, managerial work to be performed by one `K' and his successors - Arguments that endowment deed was never brought to its existence as no idol was installed would not attract O.7.R.11 CPC - Order rejecting plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Once fraud is alleged by plaintiff in reply to objection U.O.7.R.11 CPC, then allegation of fraud has to be tested in terms of O.6.R.4 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Proceedings before civil Court initiated by plaintiff not only was abuse of law but entire conduct of plaintiff is a clear reflection of fact that she has been doing so repeatedly after being a signatory to settlement arrived at between parties - High Court was absolutely justified in imposing costs of..........
