Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial of suit commenced - Application filed at a much belated stage - Same is not required to be entertained as belated attempt deserves to be discouraged - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil Court - Order rejecting..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties, O.7.R.11 CPC has no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deemed to be a decree - But it remains inexecutable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is not limited to actual infringement of right sued on, but includes all material facts on which it is founded - However, it does not comprise evidence necessary to prove such facts - Still, it takes in every fact enabling plaintiff to obtain a decree...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Issues raised in application could be answered only after trial of case - Such issues cannot be pre-judged merely by looking into the plaint - From the averments in plaint read in its entirely, it cannot be said that plaint do not reveal a cause of action - Order rejecting plaint set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay not a ground for rejection of application unless and until a serious prejudice is caused to defendants...........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 112 -- DNA profiling - On ground of eminent need - Rejection of application - Child/plaintiff has achieved majority and wants to ascertain her paternity - If plaintiff is able to prove her case through DNA profiling, she should not be compelled to prove her case by other evidence, especially when..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether the property belongs to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
