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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be granted by any other authority..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined at this stage, as same..........
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11 -- Rejection of plaint - Suit against foreign State - Consent of Central Government - U.O.7.R.11 CPC only averments in plaint and documents annexed thereto have to be examined and believed to be true and correct - Therefore, in absence of Central Government, legality and validity of sanction u/s 86(2) CPC cannot be..........
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11 -- Rejection of plaint - Suit against foreign State - Consent of Central Government - In absence of Central Government, Court cannot reject the plaint U.O.7.R.11 CPC against foreign State on the ground that consent u/s 86 CPC, although obtained in writing, is substantively invalid...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application - Attention of Court drawn towards plea in written statement - Held, while deciding application U.O.7.R.11 CPC, Court is required to see averments made in the plaint - Court is not required to see the averments in the written statement or the stand of defendants - Order..........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14, Evidence Act, 1872, Section 65 -- Production of document - Secondary evidence - Admissibility - Mere non compliance of the direction to produce the original document cannot be a condition to allow plaintiffs to take benefit of secondary evidence unless the burden to prove that..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Section 151, Family Courts Act, 1984, Section 19 -- Rejection of divorce petition - Territorial jurisdiction - Marriage between parties solemnized at place `G' in India - Both the parties are still Indian National and hold Indian passports, though they..........
