Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint averments contains proper cause of action which does not per se disclose that suit is barred by limitation - Application rightly rejected...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Earlier application filed U.O.7.R.11 CPC was dismissed - Subsequent application filed U.O.7.R.11 CPC rightly not maintainable being barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Vague averments are sought in the application that suit is not maintainable before civil Court, as land is an agricultural land, thus, no partition or sub division of land can be ordered - However, no provision of law by virtue of which present suit is alleged to be hit or barred has been..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Second application for amendment - Res judicata - Second application for amendment containing same relief which was proposed in first application, is barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Issue regarding Will and lease deed is not framed in earlier suit - Since matter relating to Will and subsequent lease deed is not directly and substantially in issue before Court in earlier suit, subsequent suit filed by plaintiff is not barred by S.10 CPC - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioners are admittedly partners in a partnership Firm - Claim of petitioners are that loan is time barred - Whether loan was already time barred or whether loan was subsequently acknowledged can be decided only after trial and whether the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Reading plaint in its entirety reveal that suit is barred by limitation even without considering case of defence - Order rejecting plaint, upheld...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Earlier suit was filed for partition of immoveable properties of deceased - Present suit filed for partition in respect of FDs made in various banks and Financial institution - Claims in both the suits are distinct - Suit neither hit by res judicata nor barred U.O.2.R.2 CPC...........
