Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for claiming prescriptive right over a way - For claiming prescriptive right of easement, servient heritage over which claim is raised should be specifically and separately scheduled in the plaint so as to grant a decree in accordance with mandate U.O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleadings in plaint to be examined, while considering application for rejection of plaint - Court cannot look into defence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Suit for declaration, permanent injunction and joint possession - Defendant has failed to fulfil requirements of O.7.R.11 CPC - Question of limitation is a mixed question of law and fact and therefore, its decision would depend upon evidence to be led by parties - As..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of consideration of O.7.R.11 CPC application, only allegations in plaint will be considered and not defences put forward by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If plaint and reliefs are partially maintainable, then application U.O.7.R.11 CPC would have to be dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 - - Rejection of plaint - Suit for non interference with judicial and official proceedings and payment of damages for defamation and harassment - Plea of exclusion of jurisdiction of civil Court - Interference/disruption of judicial proceedings and/or defamation even by a spouse does not fall..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can only be rejected if it squarely falls within ambit and four corners of O.7.R.11 CPC and not otherwise...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only plaint averments are required to be seen while deciding application for rejection of plaint - Defence of defendant or additional documents, which are not part of plaint cannot be seen at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Decree passed by DRT - Suit challenging decree filed after seven years of passing the decree - Knowledge of passing decree alleged to be six months back - Nothing averred when and how plaintiff came to now about the judgment and decree passed by DRT - Only with a view to get out of the law of..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of divorce petition - Barred by Res judicata - First divorce petition filed by husband was dismissed as withdrawn when he was facing criminal trial - It is only after acquittal husband filed second divorce petition on subsequent event - Though there is a false statement in pleadings that first divorce..........
