Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mis-joinder of parties or mis-joinder of causes of action cannot be considered for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while considering as to whether a plaint has to be rejected or not it is entitled to see only plaint and its averments and documents filed along with it and anything extraneous to it cannot form part of consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Failure to ask an appropriate prayer in the suit is a matter for final decision in the suit and such contention cannot be an issue to be considered in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action and failure to disclose cause of action - Both are totally different - Plaint can be rejected only when it failed to disclose cause of action and not when it averred false cause of action - False cause of action is one that should meet its consequences at the end of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Promissory estoppel being a rule of evidence in terms of Ss.115 to 117 of Evidence Act, may fall for consideration in the trial of suit and is not a bar under law for instituting the suit itself...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Entire averments in plaint and not one sentence in the plaint has to be considered while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Contentions/objections of applicant can be decided only on merits by examining both oral and documentary evidence at length and only then it can be ascertained whether contentions/objections of applicant are correct or not - Rejection of application calls for no interference...........
