Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint have to be read in conjunction with documents appended thereto, at the time of considering application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - If averments in plaint prima facie disclose a cause of action, at that stage, Court cannot embark upon an enquiry on truth of allegations...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected when it is a matter of trial as to whether plaintiff is entitled to a decree of possession and other reliefs sought in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, only averments made in plaint alone are to be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Partition suit - Question as to whether suit is maintainable or not or whether plaintiffs are entitled for relief of partition, would have to be adjudicated after evidence is lead by both the parties - It cannot be concluded that suit is barred and plaint is liable to rejected..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, Court is not to look into strength or weakness of case of plaintiff or defence raised by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, there should be meaningful reading of plaint as a whole...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
