Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleadings and documents on which defendant is relying may be a good ground for defence, but they are not a part of plaint averments nor filed along with plaint, hence same could not be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Question of limitation is a mixed question of facts and law and cannot be decided without taking evidence in this regard - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession and recovery of mesne profits - Issues framed in the matter, evidence to be led, would be relevant and matter cannot be decided at this stage in an application U.O.7.R.11 CPC - Suit cannot be rejected at this stage, as parties are also relying upon oral agreement - Suit is almost at..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Court while deciding application U.O.7.R.11 CPC not to make any observation on merits of case - In the instant case order as to return of plaint upheld but observation of Court with regard to contents of agreement/sale deed shall be considered to be obiter and not to be taken into..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application without considering objections raised by defendants in their application - Impugned order set aside Matter remanded with direction to decide the application afresh after dealing with objections raised by defendants...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
Civil Procedure Code, 1908, Section 151, 141, Order 7, Rule 11 -- Rejection of miscellaneous application - It is only the plaint which can be rejected and not the application - Miscellaneous applications are to be determined on merits...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by defendant against plaintiff - Issues sought to be raised by defendant in her suit would be barred on principles of res judicata and issue of estoppel and accordingly defendant is estopped from raising them again - Trial Court committed error in dismissing application..........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Principle of S.21 CPC applies to an application U.O.7.R.11 CPC - However, such objection has to be moved at the earliest - Even if there is no limitation prescribed, in the light of S.21 CPC it is required on the part of petitioners to raise objection at the earliest..........
