Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC, Court has to presume the facts stated in plaint as correct...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Vexatious plaint - Power can be exercised by Court u/s 151 C.P.C. for rejecting a vexatious plaint, however, that would depend on facts and circumstances of a given case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents filed along with plaint are required to be taken into consideration for deciding application U.O.7.R.11(a) CPC - When a document is referred in the plaint then it forms the basis of plaint and it should be treated as a part of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas taken by defendant in written statement cannot be taken into consideration for deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for cancellation of sale deed for non payment of entire sale consideration - Not a ground for cancellation of sale deed - Plaintiff has other remedies to recover the balance sale consideration - Relief of cancellation of registered sale deed cannot be granted - Suit is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There is no provision or concept of partial rejection of plaint - Plaint can either be rejected as a whole or not at all...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court has to examine averments in plaint - Pleas taken by defendants in its written statements are irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
