Civil Procedure Code, 1908, Section 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order allowing application - It is appeal and not revision which lies thereagainst - However, where application is rejected it is revision which lies against such an order...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Rejection of plaint - Non compliance of the provision of S.80 CPC - Suit is barred by provisions of O.7.R.11(d) CPC owning to non compliance of S.80 CPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Instances of cruelty neither pleaded nor proved - In the entire plaint, there is no statement that because of indifferent and quarrelsome behaviour of wife, it has become impossible for husband to live marital life - Ground of cruelty not proved...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No pleading in plaint in respect of document filed by plaintiff, therefore said document cannot be considered for deciding title of plaintiff of property in question...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit not to be dismissed - Plaint to be returned with liberty to present the same before Court having territorial jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court Fees - Not fatal to maintainability of suit, as plaintiff is to be granted a reasonable opportunity to make up said deficiency before decree is drawn - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10, Arbitration and Conciliation Act, 1996, Section 29A -- Return of plaint - Petitioner filed application claiming that said petition could be instituted before commercial Court only - However, application returned to be presented before commercial Court - Thus, application was required to be treated as a fresh petition and should..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Dismissal of application - Theft of electricity - Jurisdiction of Civil Court - There is no bar to jurisdiction of Civil Court after the order is passed by forum created by defendants - No ground to interfere made out - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Correctness of averments not to be weighed by Court, at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Execution of agreement to sell admitted - Plea that defendant was pressurized to execute said agreement - Further plea that defendant is not the owner of land and that it is plaintiff who is unable to carry out the terms and conditions of agreement - Held, there is no..........
