Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - In an application U.O.7.R.11 CPC, Court has to look into the averments made in the plaint and the document filed along with the plaint alone - At that stage, Court cannot look into the written statement or documents filed along with written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defendant has right to file an application U.O.7.R.11(d) CPC for rejection of plaint even without filing the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read entire plaint as a whole to find out whether it discloses a cause of action and if it does, then plaint cannot be rejected by Court exercising..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of O.9.R.9 CPC cannot be seen at the stage of considering application U.O.7.R.11 CPC, without filing written statement by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement is not a condition precedent for considering an application U.O.7.R.11 CPC - Therefore, it is not permissible for trial Court to dismiss the application on the ground that written statement was not filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For consideration of application filed U.O.7.R.11 CPC, only the averments made in the plaint are required to be considered and not that in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into the defence set up by defendant in their written statement or application while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds taken by defendant in his application U.O.7.R.11 CPC, can be pleaded by defendant in his written statement and the same can be decided after framing an issue in this regard after considering the evidence of parties at the stage of hearing of suit - But, same cannot be looked into at the time of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by law - To be determined from the statements in the plaint - It is not open to decide the issue on the basis of any other material including written statement in the case...........
