Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Expression `discloses a cause of action' pertains to existence of only of sufficient pleading with respect to existence of Hindu Undivided Family and its properties...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Filed by minor through his mother - Facts of case show that there is unnecessary harassment of plaintiff - Till date written stamen is not filed by defendants - What is the extent of Hindu Undivided Family (HUF) properties and its various businesses are all question of fact which only..........
Civil Procedure Code, 1908, Section 2(2), 11 -- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Nothing pleaded against petitioner/defendant in the plaint and no cause of action disclosed against him - Plaint rejected against petitioner/defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to pay ad valorem court fee - Suit for specific performance filed though merely because of jugglery of words a decree of declaration sought - For all intents and purposes decree for specific performance of agreement of sale was sought - Order directing plaintiff to pay ad valorem court fee, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - If relief sought in the suit is barred under any law, then plaint can be rejected U.O.7.R.11 CPC - However, where jurisdiction to try suit is barred, then presiding officer is required to return the plaint for presentation before appropriate Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to see averments in plaint to decide whether suit discloses triable cause of action - A meaningful and not a formal reading of plaint has to be adopted to determine whether plaint discloses cause of action or a clever drafting methodology has been used to create a semblance of a cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Res judicata - Question as to whether property in dispute in civil suit and writ petition are same or different - It is a question of fact which can be decided only after parties lead evidence - Dismissal of application - No interference warranted...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Earlier suit for declaration challenging sale deeds was withdrawn without reserving any right or liberty to file any fresh suit - Permission of Court not sought in that regard - As per provision of O.23.R.1(4) CPC, no, applicant precluded from instituting subsequent suit for challenging said sale..........
