Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Deficient Court fees - Ground of deficient Court fees can be raised only when defendant pleaded that subject matter was not properly valued or Court fees not sufficiently paid - Such defence and pleading not envisaged U.O.7.R.11 CPC - Plaint not liable to be rejected on ground that suit does not bear..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try civil suit goes to very root of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of jurisdiction - Jurisdiction of civil Court barred by provision of S.3(4) of Haryana Public Moneys (Recovery of Dues) Act, 1979 - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Phrase `Cause of action' means every fact which will be necessary for plaintiff to prove - It does not comprise every piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - What the Court has to consider is not whether plaintiff has a cause of action against defendant but whether plaint as framed discloses a cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of Indenture of Conveyance - Ex-facie it does not appear from the plaint that suit is barred by law as suit is filed within two months of first being aware of registered conveyances - Suit filed within prescribed period of three years in view of Art.59 of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Delay in filing application U.O.7.R.11 CPC - Application for rejection of plaint filed long after filing of suit and dismissal of amendment application of plaintiff - No plausible explanation for petitioner for such a delay - Said delay disentitles the petitioner to claim extra ordinary relief of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Not a ground for non suiting the plaintiff at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleadings in plaint should be criterion for consideration of application U.O.7.R.11 CPC for rejection of plaint and not the defence set up by defendant...........
