Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Pre mature suit - Presupposes non accruing of cause of action on date of filing of suit - Pre mature suit is liable to be dismissed in limine...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Facts pleaded in plaint prima facie reveals a cause of action in favour of plaintiff to file suit - Defendant failed to establish that there is no cause of action and even equally failed to establish that suit is barred by any law for time being in force - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed - Ancestral property - Where plaint filed seeking cancellation of sale deed on account of fact that suit property was ancestral and transfer was made without any reason, basis or necessity, transaction was only voidable and not void, therefore suit is..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 38 -- Rejection of plaint - Concealment of relevant facts - Suit for injunction - Plaintiffs made serious concealment regarding possession in plaint - Possession is of great relevance in a suit for injunction - Plaintiff cannot be permitted to make a false statement or conceal true facts from..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance - Whether time is essence of contract of sale is a question of fact and can be addressed by trial Court after parties lead evidence - Such question cannot be dealt with in an application U.O.7.R.11(d) CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Concurrent lease - Suit for eviction - As there is bar under Indian Law with regard to creation of concurrent lease, plaint held, rejected...........
