Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application only averments made in plaint are to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction, cause of action and limitation can only be decided after framing of necessary issues and leading of evidence by parties, in view of pleadings made in plaint - No indulgence granted in favour of defendant in revision petition - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues cannot be ignored while considering plea U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - While deciding an application U.O.7.R.11(d) CPC, Court is not competent to go into correctness or otherwise of allegations contained in the plaint - Plaint can only be rejected if the statement in plaint without any addition or subtraction appears to be barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Questions sought to be raised by defendants are open to be raised by them by filing a written statement - Issue regarding limitation in filing suit remains a mixed question of law and facts - Obviously, contentious issues shall be adjudicated by Court on the basis of evidence to be led by parties -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Revenue suit proceedings for seeking possession instituted by plaintiff after delay of 53 years with clever drafting not seeking declaration and that would lead to inescapable conclusion that suit was clearly barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application, only averments made in plaint and documents annexed thereto are to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Land in question contended to be agricultural land for which civil Court had no jurisdiction to try suit - However, perusal of plaint and documents annexed thereto reveals that nowhere in plaint, it is mentioned that suit land is agricultural land - Plaint not barred by law - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance - Suit barred by time - Payment of further amount after expiry of period of limitation to file suit does not extend the period of limitation to file suit - Suit filed after expiry of limitation to file suit is barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
