Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Whether as per S.19(b) of Specific Relief Act, property was purchased by defendant No.2 in good faith or not can be adjudicated upon only after appreciation of evidence and it is not proper for trial Court to reject plaint before that stage - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted plaintiff to file the..........
Limitation Act, 1963, Article 113, 18, 55 -- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for additional payment on different..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaint cannot be rejected only on the basis of defence theory without even looking into the entire averments of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not maintainable - Impugned order..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Positive statement required by law to be pleaded in the plaint regarding constitution of HUF missing - Plaint does not disclose actionable cause of action - Proposed amendment of plaint does not improve this lack of actionable pleading - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Omission to claim relief in earlier suit - Such relief amounts to explicitly relinquished - Plaintiff is not entitled thereafter to sue again for such relief so omitted or relinquished, in the previous suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application can be filed at any stage of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Court by resort to O.10 CPC can search examination of a party and in case Court is prima facie of the view that suit is an abuse of the process of Court in the sense that it is a bogus and irresponsible litigation, jurisdiction U.O.7.R.11 CPC can be exercised...........
