Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Matter is to be decided only on averments made in plaint - At this stage, pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If allegations are vexatious and meritless and not disclosing clear right or material to sue, duty of trial Judge is to exercise power under O.7.R.11 CPC - And if clever drafting created illusion of cause of action, it should be nipped in bud at first hearing by examining parties under O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Rejection of plaint upheld for the reasons of non compliance with provisions of O.7.Rr.11, 14(1) and 14(2) , Form Nos.47 & 48 in Appendix A of the Code which are statutory in nature not comlied and absence of any cause of action...........
Service -- Compassionate Appointment - Where application is filed, entertained and eventually declined for reason other than the form in which the same ought to have been filed, the rejection cannot be supported on the ground that application was non-est as same was not in prescribed form...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was filed and not the day on..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 5 -- Summary suit - Order of rejection of defendant's prayer for defending his suit - Held, revision would lie against such order of rejection...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - An illusion in the plaint can certainly be unravelled and exposed by the Court, while dealing with an application U.O.7.R.11 CPC ...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No triable cause of action to file the suit even if plea of fraud is considered - Plaint rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Rejection of - Validity - `K' who also received injuries in occurrence has not been examined by claimant - Claimant has not cared to prove the fact that vehicle of respondent was damaged and as such he is unable to prove that tractor is offending vehicle - No doubt, claimant has suffered permanent..........
Civil Procedure Code, 1908, Order 7, Rule 11, Copyright Act, 1957, Section 62(2) -- Territorial jurisdiction - Infringement of copyright - Rejection of plaint - Validity of - Appellants/plaintiffs allege that defendants/respondents are selling the impugned goods in Delhi - Appellants/plaintiffs carry on business in Delhi as per the case of appellants in the plaint - Held,..........
