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 - Plaintiff has made out a cause of action on perusal of plaint averments - Even, defendant in his application filed U.O.7.R.11 CPC, has also encapsulated averments made in plaint - Plaint cannot be rejected on that score...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can only consider the averments in the plaint and documents relied upon by plaintiff - Stand of defendant is irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for damages on account of defamatory and slanderous words used by defendant - Contention that plaintiff has not justified how she has claimed the amount of Rs.5 crores, is extraneous to the determination of whether plaint is to be rejected - It will be only after trial and on evidence produced that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit instituted before Revenue Authority dismissed on objection that it has no jurisdiction - Suit filed in civil Court - Objection that civil court has no jurisdiction - Such a ground is not available to defendant when their plea that Revenue Authority is having no jurisdiction was..........
Agreement to sell -- Specific performance - Defendant pleaded that no cause of action arose in the suit and suit was liable to be dismissed - Plea rejected, as defendant never chose such issue to be raised by filing application for rejection of plaint - More so, when said issue is not raised before Courts below, same cannot be raised in second appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application without affording any opportunity of hearing to defendant is not proper - Impugned order set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised by trial Court at any stage of suit before registering plaint or after issuing summons to defendant or at any stage before conclusion of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to file written statement without deciding application for rejection of plaint set aside as for deciding such an application averments in plaint are germane and pleas taken by defendant in the written statement are wholly irrelevant - Impugned order set aside...........
