Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of mandatory notice u/s 80 CPC, S.280 of Maharashtra Zilla Parishads Act and S.180 of Maharashtra Villages Panchayat Act before filing of suit - Provisions of S.280 of Zilla Parishad and S.180 of Village Panchayat are not analogues to S.80 CPC and under both the Acts there is no provision..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to consider application U.O.7.R.11 CPC, Court has to look into averments in the plaint and same can be exercised by trial Court at any stage of suit - At that stage, pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application allowed by Commercial Court on the ground that suits are barred U.O.2.R.2 CPC and U.O.23.R.1(4) CPC - Copies of previously filed plaints were not before Commercial Court - Unless previous plaints were not produced before Commercial Court, it could not have based on contentions of respondents,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Since an adjudication of plea of res judicata requires consideration of pleadings, issues and decision in the previous suit as such plea of res judicata is beyond the scope of O.7.R.11 CPC where only averments in the plaint have to be perused...........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Abuse of process of Court - There is no embargo for High Court to step in and prevent such abuse of process being perpetuated - There is no impediment for exercise of power by High Court to strike off plaint which is clear abuse of process of Court. ( Paras 11 to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law and can be conclusively determined only after a full-fledged trial of suit - Objection that suit is barred by limitation is untenable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
