Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-issuance of notice u/s 80 CPC - Averment in complaint that an application is filed separately to dispense with notice u/s 80 CPC - Held, it cannot be concluded by examining averments in plaint that plaint is liable to be rejected on the ground that it is barred by law - Even otherwise, defendants who..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Specific issue with regard to limitation framed - Issue of limitation is mixed question of law and fact - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Nothing but a bundle of facts and therefore, cause of action or joinder or misjoinder of party, cannot be made subject matter of exercise of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial of suit commenced - Application filed at a much belated stage - Same is not required to be entertained as belated attempt deserves to be discouraged - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil Court - Order rejecting..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties, O.7.R.11 CPC has no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deemed to be a decree - But it remains inexecutable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is not limited to actual infringement of right sued on, but includes all material facts on which it is founded - However, it does not comprise evidence necessary to prove such facts - Still, it takes in every fact enabling plaintiff to obtain a decree...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Issues raised in application could be answered only after trial of case - Such issues cannot be pre-judged merely by looking into the plaint - From the averments in plaint read in its entirely, it cannot be said that plaint do not reveal a cause of action - Order rejecting plaint set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay not a ground for rejection of application unless and until a serious prejudice is caused to defendants...........
