Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When none of reliefs sought in the plaint can be granted to plaintiff under the law, suit should be thrown out at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a plaintiff claims that he gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of considering application U.O.7.R.11 CPC.`..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Plea of constructive notice raised with a view to sustain plea of limitation cannot be accepted at the stage of dealing with an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Where a party who never had any notice of a particular proceeding before a quasi judicial authority, is entitled to approach Court upon gaining knowledge of proceedings - Limitation cannot be put against such a party - Since, plaintiffs asserts clearly that notices were never..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration that plaintiff is a lawful occupier as caretaker/servant of A schedule property and occupier and adverse possession of B Schedule property - Caretaker/servant never acquires interest in the property irrespective of his long possession and caretaker/servant has to give possession forthwith on demand - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed by plaintiff on the basis of adverse possession - Plaint lacks material particulars and plaint does not disclose cause of action for institution of suit - Plaint rejected...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaring sale deeds as null and void - Suit filed on 22.11.2019 averring that plaintiff came to know for the first time about sale deed on 30.10.2019 - No averment in the plaint and no document on record, which shows that plaintiff had knowledge about sale..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
