Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Total delay in filing suit after excluding period undergone for mediation was 84 days - In fact, application for mediation was filed after expiry of period of limitation - Period during which mediation was pending is only theoretically excluded - Suit rightly dismissed being barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, only contents of plaint and documents attached thereto are to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of adjudication of an application U.O.7.R.11 CPC, Court has to restrict itself to contents of plaint as well as documents filed therewith to assess and ascertain as to whether plaint is hit by said provisions or not - Court is not to delve into defence of other side to judge credibility..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff itself alleges in plaint that infringement was being done by defendants since April 2023 - There is no whisper in application as to what necessitated plaintiffs to seek urgent relief, by bypassing..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds raised for rejection of plaint, including limitation, validity of gift deeds and question of possession, all constitute mixed questions of fact and law, which necessitates recording of evidence and could not be summarily adjudicated at the preliminary stage in an application filed for rejection..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Simply because khasra numbers of demised premises were not mentioned in the petition, it could not be held that on this count alone, eviction petition was not disclosing any cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
