Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - It is a bundle of facts which gives rise cause to file a suit or proceeding against the other...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to confine its inquiry only to pleadings in plaint, when an application U.O.7.R.11(d) CPC is filed - Court cannot travel beyond those pleadings and look into defence taken by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence recorded - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Limitation is mixed question of law and fact - However, it does not mean that in every case, it is question involving disputed facts - There may be a case where issue of limitation may not necessarily depend on facts, which are disputed requiring trial, else otherwise, plaint could..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to confine to allegations in plaint and in documents produced and relied upon by plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself occurred - Since averments in..........
