Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Plaintiff specifically pleaded that period of 6 months for completion of transaction is contingent upon certain compliances and agreed period of 6 months is extended only because defendants sought for extension of time - Questions whether agreed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding as to whether plaint discloses cause of action or not, Court has to see only the averments in the plaint and accompanying documents relied upon in plaint and facts elicited from plaintiff by examining him U.O.10 CPC - For the purposes of deciding application U.O.7.R.11 CPC, Court has to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC, Court has to presume the facts stated in plaint as correct...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Vexatious plaint - Power can be exercised by Court u/s 151 C.P.C. for rejecting a vexatious plaint, however, that would depend on facts and circumstances of a given case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents filed along with plaint are required to be taken into consideration for deciding application U.O.7.R.11(a) CPC - When a document is referred in the plaint then it forms the basis of plaint and it should be treated as a part of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas taken by defendant in written statement cannot be taken into consideration for deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for cancellation of sale deed for non payment of entire sale consideration - Not a ground for cancellation of sale deed - Plaintiff has other remedies to recover the balance sale consideration - Relief of cancellation of registered sale deed cannot be granted - Suit is..........
