Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law, for which evidence needs to be adduced - Plaint cannot be rejected on said issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For passing an order U.O.7.R.11 CPC, only averments in civil suit are to be seen and not any other documents - Whether averments made in suit are proved to be correct or false depends upon evidence which will come on record...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - One of the defendants had died prior to filing of suit - Nothing on record to show that plaintiff knew of said fact at the time of filing of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Agreement to sell executed between parties in the year 1959 and dispute arose in the year 1986-1987 - Suit filed in the year 2000 i.e after lapse of 40 years for specific performance of agreement is barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of Civil Court jurisdiction - Amongst several prayers in a suit if for single prayer suit is maintainable, plaint cannot be rejected - Suit shall stand for that prayers to be maintainable before civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Ancillary prayer which may be viewed ousting jurisdiction of Civil Court, for rest of the prayers, suit is maintainable and entertainable - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-impleadment/non-joinder of a necessary party - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings regarding loan amount given and same having not been repaid have been made in the plaint - Closure of factory premise has been pleaded to be a cause of action for filing of suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Specific finding recorded by Court below that Apex Court extended the limitation period because of COVID-19 pandemic, therefore suit is not time barred - However, if written statement is filed by defendant and ground of limitation is pleaded therein, a preliminary issue regarding..........
