Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond scope of O.7.R.11(d) CPC, where only statements in plaint have to be perused...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Earlier suit was not decided when subsequent suit was filed - Plaint, on the face of it, does not disclose any fact for rejection of plaint on the ground that it is barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in written statement as well as contentions of defendant are wholly irrelevant while considering application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action would not be limited only to actual infringement of right sued, but also includes all material facts on which it is founded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of joint ownership - Plea regarding compulsory registration of property, being plea of defence cannot be looked into while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiff filed the suit after 28 years from date of sale deed - Even plaintiffs stated that defendants are in permissive occupation of suit property - Suit is nothing but a vexatious and an abuse of process of Court -..........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Issuance of summons - At the stage of issuance of summons it is open to Court to examine whether suit is barred by O.7.R.10 or O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Consideration of application prior to issuance of summons - There is no bar hearing defendant, if defendant is present...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while rejecting plaint is not justified in granting plaintiff liberty to amend plaint by seeking appropriate reliefs and paying the court fee...........
