Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for compensation/damages - There is no objective standard available which can help in determining the amount of compensation - Compensation is subject to variance based on quality of evidence to be led before Court - In such nature of things, valuation put by plaintiff is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - If plaint discloses cause of action but averments do not show that suit is barred by any law, defects cannot be looked into to reject plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 1 -- Rejection of plaint - At the stage of numbering of suit - Allegation that defendants got executed document deceitfully and fraudulently with malafide intentions - Requires leading of evidence - Court shall not deal with merits of matter at the stage of numbering of suit - Rejection..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bereft of relevant particulars - Partition suit - Plaintiff claiming suit properties to be HUF Properties, as acquired from ancestral funds - He would be entitled to partition of suit properties even if suit properties are held to be self acquired properties of plaintiff's predecessors - More so,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17 -- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Earlier suit not between same parties and case does not satisfy parameters of S.11 of CPC - Bar of res judicata will not apply...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition - Order rejecting plaint set..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Rejection of plaint - Application U.O.7.R.11 CPC, regarding jurisdiction and maintainability of suit, has to be decided first before deciding any other application as non disposal of such an application may put the party in disadvantage...........
