Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Must include some act done by defendant which leads plaintiff to file a suit and includes all the material facts on which cause of action is found...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Recovery suit for money -- Money suit for recovery of debt should not be dismissed for non-production of Succession Certificate, but Court should grant reasonable time to enable the party to produce it - Therefore, a decree passed without production of Succession Certificate is not a nullity...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Suit property was subject matter of earlier suit in which defendants right and title of suit property was accepted - Very description of property and extent as alleged in the plaint are not true and correct and not proved by plaintiff - Plaintiff has to prove his case on his own..........
Evidence Act, 1872, Section 58 -- Admission - Joint family property - When defendant categorically admitted in her evidence that property in question is purchased by donor from joint family income, no further proof is required that suit property is joint family property...........
Expeditious disposal of case -- Suit not decided within ten months inspite of direction by Appellate Court - Direction issued to trial Court to decide the suit finally within a period of one year from the date of receipt of certified copy of order of High Court...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicter without seeking relief of declaration - Plaintiff asserted his title over trees grown in the suit land - Defendants however, specifically stated that trees were sold along with suit property - When there was a clear cloud cast on plaintiff's title over trees, plaintiff must ask for relief of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If cause of action is not disclosed in the suit or where suit appears from statements of plaint is barred by any law, suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action pleaded by plaintiff is illusory and under the illusory cause of action, vexatious suit is filed - If cause of action is found to be vexatious and meritless and not disclosing a clear right to sue, plaint may be rejected...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
