Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 32, Rule 3 -- Rejection of plaint - Suit against minor - Suit against minor by itself is not barred - O.22.R.3 CPC provides the manner in which suit can proceed against minor...........
Court Fees Act, 1870, Section 7(iv) -- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Expression `discloses a cause of action' pertains to existence of only of sufficient pleading with respect to existence of Hindu Undivided Family and its properties...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Filed by minor through his mother - Facts of case show that there is unnecessary harassment of plaintiff - Till date written stamen is not filed by defendants - What is the extent of Hindu Undivided Family (HUF) properties and its various businesses are all question of fact which only..........
Civil Procedure Code, 1908, Section 2(2), 11 -- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Nothing pleaded against petitioner/defendant in the plaint and no cause of action disclosed against him - Plaint rejected against petitioner/defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to pay ad valorem court fee - Suit for specific performance filed though merely because of jugglery of words a decree of declaration sought - For all intents and purposes decree for specific performance of agreement of sale was sought - Order directing plaintiff to pay ad valorem court fee, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - If relief sought in the suit is barred under any law, then plaint can be rejected U.O.7.R.11 CPC - However, where jurisdiction to try suit is barred, then presiding officer is required to return the plaint for presentation before appropriate Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to see averments in plaint to decide whether suit discloses triable cause of action - A meaningful and not a formal reading of plaint has to be adopted to determine whether plaint discloses cause of action or a clever drafting methodology has been used to create a semblance of a cause of action..........
