Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of facts and law which could also be an issue that could be dealt with by Trial Court as a preliminary issue - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit as commercial suit - Relief in terms of lease deed - At least two prayers are in relation to immovable property to be used exclusively for trade and commerce - No occasion arises for Court to interfere with view expressed by Commercial Court that suit is maintainable as a..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata is a mixed question of law and fact and same cannot be gone into without there being any evidence on record - Application for rejection of plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint along with documents filed in plaint are to be seen on an application U.O.7.R.11 CPC - Neither written statement nor averments made in application can be considered for rejecting plaint U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds for rejection of plaint as canvassed in application U.O.7.R.11 CPC and argued before High Court are not apparent from a meaningful reading of plaint - No grounds for rejection of plaint is made out - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding application U.O.7.R.11 CPC, only averments made in plaint are germane and if on perusal of pleadings of plaint as a whole, plaint is not found to be barred by law or not triable by civil Court, same cannot be rejected U.O.7.R.11 CPC...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery - Liquidated damages - UOI claims compensation on basis of exception clause - Such being undisputed position, order of rejection of plaint U.O.7.R.11 CPC is incorrect - Moreover, once arbitrator had no jurisdiction to arbitrate on levy of liquidated damages on account of contract..........
Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
