Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can never be rejected for non-existence of cause of action, but a plaint can be rejected for non-disclosure of cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Averments made in the plaint of plaintiffs are clearly and unambiguously disclosing cause of action for filing suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Partition suit - Partition took place way back in the year 1968 as is evident from revenue record entries - Suit filed after a period of 55 years in the year 2023 - Many of family members had executed registered sale deeds in the year 1978 - Suit filed by plaintiffs was a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of res judicata, cause of action, under valuation, limitation have to be decided on trial but the same cannot be a ground for rejection of plaint, especially when parameters of O.7.R.11 CPC are not satisfied...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
