Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Rejection of plaint for part of plaint for non-disclosure of cause of action is not permissible, as plaint has to be accepted or rejected as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Lack of jurisdiction - Where Court has inherent lack of jurisdiction to entertain suit, it cannot return the plaint granting liberty to plaintiff to represent the suit before competent Court, but has to dismiss the suit for want of jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Lack of jurisdiction - From the date of constitution of Family Court covering an area, any dispute between husband and wife concerning property owned by them or by any of them, Family Court alone shall have jurisdiction to decide and District Court or Subordinate civil..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Guiding principles : (i) To reject a plaint on the ground that the suit is barred by any law, only the averments in the plaint will have to be referred to; (ii) The defence made by the defendant in the suit must not be considered while deciding the merits of the application; (iii) To determine whether a..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by res judicata - An adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond the scope of O.7.R.11(d) CPC where only statements in plaint will have to be perused...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Such orders/judgments admitted by plaintiff in plaint - Court can take these into consideration while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Orders/judgments passed by Courts are public documents and same though placed on record by defendants, can definitely be considered while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Second application - Maintainability - Earlier application was neither filed on the ground of suit being barred by law nor was same rejected on the said ground - Objection in earlier application was regarding Court fees - Rejection of same would not operate as a bar to second application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Nature of document cannot be considered by Court on an application U.O.7.R.11 CPC, as same could be concluded only after consideration of defence of defendant...........
