Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fees - This power is conferred by legislature on the Court - This plea can be taken in written statement and the same is not available in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purposes of deciding an application U.O.7.R.11 (a) and (d) , the averments in the plaint are germane - Pleas taken by the defendant in the written statement would be wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant factors - Held, for purpose of deciding application U.O.7.R.11 CPC only averments in the plaint are relevant - Pleas taken by defendant in written statement would be wholly irrelevant at that stage - Basic question to be decided while dealing with an application filed U.O.7.R.11 of CPC is..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - For the purposes of deciding an application U.O.7.Rr.11(a) & (d), the averments in the plaint are germane - Pleas taken by defendant in the written statement are wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application has to be decided entirely on a perusal of plaint and documents filed alognwith - Court cannot reject plaint on the basis of allegations made in the written statement...........
Civil Procedure Code, Order 7, Rule 11(d), Limitation Act, 1963, Section 19 -- Rejection of plaint - Plea that suit not filed within limitation - Signed acknowledgement extending date of limitation not in existence on date of filing of suit - Acknowledgment of payment in written statement not sufficient to extend limitation - Suit not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for - Written statement filed - Thereafter petitioner moved an application U.O.7.R.11 CPC for rejection of plaint and has kept the matter pending in the court below for almost eight and a half years - Cause of action has been disclosed in the plaint - Held, there is no illegality or infirmity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in plaint is the deciding factor to ascertain whether it discloses any cause of action and whether it is barred by any law - Defence set up in written statement or other documents not relevant to decide application seeking rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance of sale agreement - In plaint, plaintiff referred to some earlier suit which he filed for permanent injunction to put restrain on defendant from dealing with property subject matter of sale agreement - Defendant also filed written statement in that injunction suit -..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of an application U.O.7.R.11 CPC for rejection of plaint is a good ground for not filing the written statement within time as in case success of said application plaint would be rejected and in that circumstance, defendant was not required to file his written statement -..........
