Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Plea of limitation is mixed question of law and fact - Plaint cannot be rejected on ground of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiffs claimed birth right in suit property being coparcener - Claim of coparcenary rights in plaint is dependent upon material to be proved on record by way of evidence - No strict opinion can be formed at the stage of O.7.R.11 CPC, on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which he pleaded that his no,..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit is barred u/s 69 Partnership Act - When suit is vexatious or when there is plea that suit is barred by law, Court to decide application first before asking defendant to file his written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was thus, not incumbent upon..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for amendment of plaint - Application by defendant for rejection of plaint - Application for amendment of plaint has to be considered first before considering application for rejection of plaint - Application for rejection of plaint whether U.O.7.R.11(a) or u/r 11 (d),..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - True or not - Cannot be decided at the time of deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Real or not, is a question to be determined only at end of trial - But at stage of considering application U.O.7.R.11 CPC, said question cannot be decided and plaint cannot be rejected...........