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Tag: CPC O. 7 R. 11

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

Kum. Geetha, d/o Late Krishna v. Nanjundaswamy (2023-4)212 PLR 005 (SC) Civil Procedure Code, 1908 - Order 7 Rule 11 ...

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]

Sejal Glass Ltd v. Navilan Merchants Pvt. Ltd. | 2017 PLRonline 0208 Full Judgment with detailed headnotes access for Premium ...

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230 ...

CPC O. 7 R. 11 – The Court cannot consider an application to dismiss the case at this stage as the trial has progressed and evidence has been presented – The only option now is to proceed with a final decision on the issues.[ PLRonline ID 477670]

(2023-3)211 PLR 066 PUNJAB AND HARYANA HIGH COURT Before:- Mr. Justice Rajbir Sehrawat. RAJINDERPAL SINGH - Petitioner Versus THAKUR DAWARA ...

Waqf property – Suit for permanent injunction – Bar of jurisdiction of civil Courts – Property is admitted to be a waqf property. [SC]

Waqf property - Suit for permanent injunction - Bar of civil Courts – To say that the Tribunal will have ...

CPC O. 2 R. 2 – Applies only to the suits instituted by the plaintiff.

CPC O. 2 R. 2, Applies only to the suits instituted by the plaintiff - Does not bar any defendant ...

CPC O. 7 , R. 11 – Haryana Cooperative Societies Act, 1984, S. 102 – Issue of jurisdiction would not be attracted in this case since the matter is not with regard to management or business of the society – Fraud – Suit shall lie.

CPC O. 7 , R. 11 - Haryana Cooperative Societies Act, 1984, S. 102 - Issue of jurisdiction would not ...

CPC O. 7 R. 11 – An application under Order VII Rule 11 of the CPC can be filed at any stage

CPC, 1908 - Order 7 Rule 11 - Rejection of plaint - An application under Order VII Rule 11 of ...

CPC O. 7 R. 11 – Suit valuation – Raised through application under Order 7 Rule 11 CPC at the stage of cross-examination of the plaintiff – Application rightly rejected by the Trial Court.

CPC O. 7 R. 11 - Suit valuation - Raised through application under Order 7 Rule 11 CPC at ...

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

CPC O. 7 R. 11(a) – Limitation - When a suit Ex facie indicates that it is barred by the ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

CPC O. 7 R.11 – Jurisdiction – Party cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority and the Civil Court

CPC O. 7 R.11 - Appellant – original plaintiff approached the Revenue Authority/Tehsildar he was nonsuited on the ground that ...

SRA S. 16 – Financial capacity – Conduct throughout the transaction

CPC, Order 7, Rule 11

Civil Procedure Code, 1908 (V of 1908) Order 7, Rule 11 – Revision was not maintainable under Order 7 Rule ...

CPC O. 7 R. 11 – Revision is not maintainable under Order 7 Rule 11 CPC where there was a claim regarding the joint possession in the family property.

CPC , O. 7 R. 11 - Revision is not maintainable under Order 7 Rule 11 CPC where there was ...

Arbitration clause provides that the arbitration is to be conducted at Chennai whereas the parties are belonging to Haryana – Vehicle loan – Agreement as such is unconscionable and one sided being opposed to public policy – Repossession

CPC O. 7 R. 11 - Bank recovered a vehicle by using force for which loan installments had already been ...

CPC O. 7 R. 11 – Suit is for recovery of arrears of rent , to say that it is barred by law on account of filing of an earlier original application for recovery before the Debts Recovery Tribunal by the defendant is illogical

Civil Procedure Code 1908 (V of 1908) Order 7, Rule 11 – Applies only where the suit appears from the ...

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Tag: CPC O. 7 R. 11

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

CPC O. 6 R. 16 – If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order VI Rule 16 of the CPC would apply and O. 7 R. 11 shall not apply – “Plaint” – Necessarily means the plaint as a whole. [PLRonline #319902]

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

CPC O. 7 R. 11 – The Court cannot consider an application to dismiss the case at this stage as the trial has progressed and evidence has been presented – The only option now is to proceed with a final decision on the issues.[ PLRonline ID 477670]

Waqf property – Suit for permanent injunction – Bar of jurisdiction of civil Courts – Property is admitted to be a waqf property. [SC]

CPC O. 2 R. 2 – Applies only to the suits instituted by the plaintiff.

CPC O. 7 , R. 11 – Haryana Cooperative Societies Act, 1984, S. 102 – Issue of jurisdiction would not be attracted in this case since the matter is not with regard to management or business of the society – Fraud – Suit shall lie.

CPC O. 7 R. 11 – An application under Order VII Rule 11 of the CPC can be filed at any stage

CPC O. 7 R. 11 – Suit valuation – Raised through application under Order 7 Rule 11 CPC at the stage of cross-examination of the plaintiff – Application rightly rejected by the Trial Court.

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

CPC O. 7 R.11 – Jurisdiction – Party cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority and the Civil Court

CPC, Order 7, Rule 11

CPC O. 7 R. 11 – Revision is not maintainable under Order 7 Rule 11 CPC where there was a claim regarding the joint possession in the family property.

Arbitration clause provides that the arbitration is to be conducted at Chennai whereas the parties are belonging to Haryana – Vehicle loan – Agreement as such is unconscionable and one sided being opposed to public policy – Repossession

CPC O. 7 R. 11 – Suit is for recovery of arrears of rent , to say that it is barred by law on account of filing of an earlier original application for recovery before the Debts Recovery Tribunal by the defendant is illogical

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