Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise its power U.O.7.R.11 CPC at any stage of suit but before conclusion of trial - Trial Court erred in observing that since evidence had commenced, application U.O.7.R.11 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court below while dismissing application neither discussed ingredients of O.6.R.17 CPC nor any reasoning has been assigned as to why prayer sought by plaintiff could not have been allowed - Duty cast upon Court while deciding application U.O.6.R.17 CPC is not discharged - Trial Court dismissed the..........
Civil Procedure Code, 1908, Section 17, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - One of properties in respect of which relief is claimed is located at place `D' - In terms of S.17 CPC, suit has been validly instituted before Court at place `D'...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - For deciding an application U.O.7.R.10 CPC, Court has only to see the averments made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There cannot be a partial rejection of suit under provisions of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factum of filing of C.A. No.147/2020 by defendant No.7, suppressed by plaintiffs - Concealment by itself not a ground for rejection of plaint U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether reliefs claimed in the plaint can be granted or not cannot be determined at the stage of considering an application U.O.7.R.11 CPC, as Court has ample powers to mould reliefs at the time of passing final judgment...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiffs assign only an estimated value to reliefs sought in the plaint and they undertake to deposit such further Court fees, as may be payable upon rendition of accounts - Plaint cannot be rejected U.O.7.R.11 CPC on account of deficiency of Court fees...........
