Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of earlier suit in default and not on merits - It cannot be said that instant suit is barred U.O.23.R.4 or O.2.R.2 CPC...........
Criminal Procedure Code, 1973, Section 161, 164 -- Delay in recording statements of eye witnesses - Mere factum of delay by itself cannot result in rejection of their testimonies when delay is sufficiently explained as witnesses felt terrorised and frightened and did not come forward for some time particularly when there is nothing brought on record that during the..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Court while rejecting application u/s 10 CPC has not ascertained as to whether final decision to be reached in previously instituted suit would operate res judicata in subsequent suit - More so, conditions underlying S.10 CPC requiring strict adherence even not considered by Court below - Impugned order of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction without seeking relief of partition and possession is maintainable, as plaintiff has approached the Court with a claim that he is co-sharer and co-sharer are presumed to be in possession of entire property - Cause of action is very well shown in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether disputed property is ancestral property or not is a question of fact and needs appreciation - Suit cannot be dismissed U.O.7.R.11 CPC on such disputed question of fact...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Lack of pecuniary jurisdiction cannot be interpreted as bar of law - No case that relief claimed by plaintiffs is under valued or insufficiently stamped - Trial Court has jurisdiction to try case - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial Court recorded the finding that application U.O.7.R.11 CPC can only be allowed when from bare perusal of plaint, no cause of action for institution of suit is made out - Finding calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where pleadings does not disclose a clear right to sue, then Court should exercise its power U.O.7.R.11 CPC and such a suit has to be nipped in the bud at first hearing itself...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When none of reliefs sought in the plaint can be granted to plaintiff under the law, suit should be thrown out at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
