Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Stand taken by defendant cannot be looked into while considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Question of limitation cannot be decided strictly on basis of pleadings in the plaint - Evidence would be required in a duly conducted trial before any conclusion can be drawn on the question of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff is relying upon further proceedings in Lok Adalat for claiming right and title over some of properties - However, award of Lok Adalat has not been mentioned in the plaint - Lok Adalat award, held, cannot be taken into consideration while dealing an application U.O.7.R.11 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Defendant filed a civil suit in the year 1999 against mother of plaintiff and elder brother of deceased father of plaintiff - Said suit was decreed in favour of defendants and attained finality - Plaintiffs in subsequent suit are certainly litigating under same title that of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Conduct of Elections Rules, 1961 -- Form 25 - Rejection of election petition - Verifying affidavit in support of election petition filed - However, Affidavit in Form 25 not filed - This is a curable defect - An opportunity must be granted to the Appellant to file an affidavit in support of petition in Form 25 in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pure questions of fact involved in the case - Same cannot be considered in an application filed U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law - Trial Court could not have gone into said question at threshold and could not have determined the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, trial Court is only to look at the pleadings in the plaint, as uncontested by defendant, to see if the cause of action is disclosed in pleadings of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits of case, veracity of pleadings or sustainability of claim of plaintiff is not to be assessed at the time of decision of application U.O.7.R.11 CPC...........
