Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A bare reading of plaint perhaps the plaint documents, should alone convince the Court to come to conclusion whether plaint should be rejected at threshold or not...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence recorded - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - It cannot be held that no statutory provisions or case law can be applied to the averments made in the plaint - If on such application of statutory provisions or law holding the field, if it is apparent that the plaint is contrary to such provisions of the statutory law or the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises from unauthorized sub-tenant -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of material fact relevant for cause of action is singularly sufficient to reject plaint U.O.7.R.11...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2)..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Limitation is mixed question of law and fact - However, it does not mean that in every case, it is question involving disputed facts - There may be a case where issue of limitation may not necessarily depend on facts, which are disputed requiring trial, else otherwise, plaint could..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to confine to allegations in plaint and in documents produced and relied upon by plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Recovery suit - Sufficient averments in plaint as to why plaintiff was constrained to approach Court for purpose of recovery of amount - Plaint discloses date of accrual of cause of action - Therefore, plaint contains facts containing cause of action and date when it arose -..........
