Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, only averments in plaint need to be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Landlord unambiguously averred that after sale of property in his favour he has become landlord/owner and there exists relationship of landlord and tenant between parties - Grounds on which tenant is seeking rejection of eviction petition is a matter of evidence and not germane for deciding..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power to reject plaint has to be used in exceptional circumstances and should be used only when Court is absolutely sure that plaintiff does not have an arguable case at all...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application filed U.O.7.R.11 CPC, Court had to look into averments of plaint and not written statement - Averments of plaint to be read as a whole to find out whether averments disclose a cause of action or whether suit is barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Grounds on which defendant is seeking rejection of ejectment petition are a matter of evidence and are not germane for deciding application filed by him U.O.7.R.11 CPC - Rejection of plaint at the threshold entails very serious consequences - Power to reject plaint has to be used in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Insufficiently stamped plaint - Plaint cannot be rejected straightway on the ground that same is insufficiently stamped, as even if plaint is not sufficiently stamped, plaintiff can be required by Court to supply requisite stamp papers within a timeline...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint have to be read in conjunction with documents appended thereto, at the time of considering application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - If averments in plaint prima facie disclose a cause of action, at that stage, Court cannot embark upon an enquiry on truth of allegations...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected when it is a matter of trial as to whether plaintiff is entitled to a decree of possession and other reliefs sought in the plaint...........
