Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding as to whether plaint discloses cause of action or not, Court has to see only the averments in the plaint and accompanying documents relied upon in plaint and facts elicited from plaintiff by examining him U.O.10 CPC - For the purposes of deciding application U.O.7.R.11 CPC, Court has to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC, Court has to presume the facts stated in plaint as correct...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Vexatious plaint - Power can be exercised by Court u/s 151 C.P.C. for rejecting a vexatious plaint, however, that would depend on facts and circumstances of a given case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents filed along with plaint are required to be taken into consideration for deciding application U.O.7.R.11(a) CPC - When a document is referred in the plaint then it forms the basis of plaint and it should be treated as a part of plaint...........
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 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for cancellation of sale deed for non payment of entire sale consideration - Not a ground for cancellation of sale deed - Plaintiff has other remedies to recover the balance sale consideration - Relief of cancellation of registered sale deed cannot be granted - Suit is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There is no provision or concept of partial rejection of plaint - Plaint can either be rejected as a whole or not at all...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
