Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial of suit cannot be brought to an end merely because interest of a party in subject matter of suit has devolved upon another during its pendency...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if a Judgment is of opinion of Judge that plaintiff may not succeed on averments made in plaint, cannot be ground to reject plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaint discloses cause of action is to be seen, ascertained and noticed while keeping in view averments made in plaint - Contention contained in written statement cannot be a ground for rejecting plaint in terms of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For want of disclosure of cause of action - Defendant has not been able to make out any case muchless a ground for permitting application U.O.7.R.11 CPC - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of suit - Such plea can be gone into when defendant raises such a plea in the written statement and if any determination is made against plaintiff and Court fee is not paid, then provision of S.7.R.11(b) CPC comes into force - Prior to said stage, it cannot be said that plaint is liable to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering such application only the plaint allegations need to be looked into and defence of defendant cannot be taken into consideration at this stage...........
Civil Procedure Code, 1908, Section 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order allowing application - It is appeal and not revision which lies thereagainst - However, where application is rejected it is revision which lies against such an order...........
