Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint will have to be accepted as correct for the purpose of consideration of application U.O.7.R.11 CPC and Courts ought not to go beyond the same and appreciate merits of case while taking into consideration contents of written statement or of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to consider complete assertions and one or two lines in between as such cannot be picked up and considered for the purposes of consideration of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objections as to maintainability of suit are mixed questions of fact and law and same are to be considered only on the basis of pleadings and the evidence of parties and not at the threshold on the basis of plaint allegations alone...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Where a plea is taken that suit is saved by exception to benami transaction, it becomes the disputed question of fact which has to be adjudicated on the basis of evidence - Therefore, plaint cannot be rejected at the stage of consideration of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Subsequent purchasers who have no knowledge of nature of property in the hands of original owners and having no personal knowledge regarding suit property, are not the right person to move application U.O.7.R.11 CPC for rejection of plaint as allegedly barred by S.4 of Benami..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Plaint allegations all through describe the suit properties as Joint Hindu Family properties and that they have been purchased either from the nucleus of Joint Hindu Family property or the income derived from joint family business - Properties are not described as benami in the name of..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application - Revision petition thereagainst - Grounds taken in revision petition were neither raised in the application filed U.O.7.R.11 CPC nor were argued before concerned Court - Grounds now raised not grounds to be dealt with at the stage of deciding application U.O.7.R.11 CPC -..........
