Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection plaint - Whether a plaint can be rejected U.O.7.R.11 CPC even after settlement of issues or at starting of the trial? - Held, a plain reading of O.7.R.11 CPC does not bar rejection of a plaint at any stage of the proceeding if the suit is barred by law - In other words, starting of the trial or settlement of issues..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power to attract the provision of O.7.R.11 CPC is not conferred on the party to the suit - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law then without there being any prayer of the defendant, Court is duty bound to reject the plaint suo moto...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Nothing stated in application how cause of action not constituted and how petition is barred by law - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 15(2), Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit when barred by any law - Plaint has to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint if does not disclose any cause of action or it is insufficiently stamped or it is barred by law, then without there being any prayer of defendant, Court is duty bound to reject the plaint suo moto - Defendant has no right to file the application U.O.7.R.11 CPC imploring the Court to reject the..........
Civil Procedure Code, 1908, Order 7, Rule 11, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 21 -- Rejection of plaint - Suit for declaration of title by lessee against sub lessee of Govt. Land - Suit is not barred by law - Civil Court has no jurisdiction only when dispute is between Government and the lessee and not when dispute is between lessee..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Factors to be taken into account - Held, verification shall be only with reference to contents of plaint - In other words, it is only when contents of plaint on their face value and without aid of any external material disclose that suit is barred by any law or by limitation, or if it does not disclose..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Claim barred by limitation - Factors to be taken into account - Held, normally a plaintiff cannot be permitted to amend plaint by adding a fresh claim or relief if on the date when application for amendment is moved that claim or relief is barred by law of limitation - When a claim gets time barred a..........
