Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ordinarily question of limitation is a mixed question of law and facts and therefore, ought to be adjudicated during trial - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected partially as it has to be either rejected as a whole or not at all...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding an application U.O.7.R.11 CPC, Court cannot go into truthful or veracity of averments made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When plaintiffs in plaint claimed that they gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of adjudication upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions cannot be decided at the time of considering an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction raised by defendant is a mixed question of law and facts - Trial Court already framed issue to decide jurisdiction of Court to try dispute between parties - For the purpose of said issue, both the parties would have opportunity to lead evidence if necessary - Moreover, disputed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC pleadings of plaint and documents referred thereunder are germane - Any other objection or document produced by defendants which is not reflected in pleadings or documents appended with plaint is not relevant at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question whether suit is barred is a mixed question of law and fact which requires appreciation of evidence in support of pleadings on record - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC is available to Court to be exercised suo motu...........
