Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred U.O.9.R.9 CPC - Where previous suit has been dismissed in default for no, appearance of plaintiff, subsequent suit based on same cause of action is to be seen from pleadings of parties in earlier suit - From the averments of plaint itself all these facts are not clear - Plaint therefore,..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) - - Rejection of plaint - To decide the application U.O.7.R.11 CPC Court has to examine only plaint averments and list of document filed along with suit - Pleadings in written statement have no relevancy to decide the application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, namely : (a) the plaint does not disclose a cause of action; (b) where relief claimed is undervalued and the plaintiff, on being required by Court to correct the valuation within a time to be fixed by the Court, fails to do so; (c) where the relief claimed is properly valued but..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For rejecting a plaint, only the allegations made in plaint are to be seen - Written statement/defence document is not to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11(a)(d) -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, Court has to look into averments in plaint - Pleas and defence of defendant in written statement is not relevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot reject plaint on the basis of allegations made by defendant in written statement - However, Court can certainly look into the averments in affidavits filed by defendant themselves in same proceedings taking a contradictory or inconsistent stand than the stand taken in application for..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Plaint cannot be rejected U.O.7.R.11 CPC on the ground of limitation - If ground of limitation is raised in affidavit in reply or in written statement it can be tried by Court as preliminary issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Court has to take the pleadings in the plaint on their face value - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read the entire plaint as a whole to find out whether it discloses cause of action and if it does,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to look upon only the plaint allegations and documents, if any, filed alongwith the plaint and not the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant facts, which need to be looked into for deciding an application U.O.7.R.11 CPC are the averments in the plaint, which are germane and the pleas taken by defendant in written statement are wholly irrelevant...........
