Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
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 - Barred by limitation - All the claimed reliefs cannot be prima facie termed to be barred by limitation - Plaint cannot be rejected in part - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Courts possess jurisdiction to mould relief so as to do complete justice between parties...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Commercial dispute - Bar of civil Court jurisdiction - Commercial dispute of a specified value which is cognizable only by Commercial Court and not by Civil Court - Plaint rightly returned for presentation to proper Court of jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Properties in question are prima-facie residential, commercial and industrial property as such, on the ground that some of disputed property is agricultural, whole plaint cannot be rejected U.O.7.R.11 CPC - Impugned order rejecting plaint, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7(1)(c) -- Rejection of plaint - Jurisdiction of Family Court - Suit for declaration between parties to marriage - Husband seeks declaration that property is his property - Wife stated that property was purchased for her benefit - Subject matter of suit arose out of marital relationship of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata can only be examined after detailed examination of pleadings of parties in earlier suit and after perusing all relevant documents filed by parties, which is impossible at the stage of deciding defendant's application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document and marking exhibit after closure of evidence - Other side should be afforded an opportunity for adducing rebuttal evidence against such document...........
