Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, material facts are required to be stated but not the evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, wilful default, undue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specifically not mentioned `Cause of action' - However, plaint when read as a whole reveals that cause of action is disclosed in plaint - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If cause of action is not disclosed in the suit or where suit appears from statements of plaint is barred by any law, suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to decide the application U.O.7.R.11 CPC taking the preposition that averments made in plaint only requires to be looked into - Defence or the averments made in the application has no legs to stand...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action pleaded by plaintiff is illusory and under the illusory cause of action, vexatious suit is filed - If cause of action is found to be vexatious and meritless and not disclosing a clear right to sue, plaint may be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of O.9.R.9 CPC cannot be seen at the stage of considering application U.O.7.R.11 CPC, without filing written statement by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averment made in plaint has to be seen and any defence cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, averments of plaint alone are to be considered and not the defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
