...and to prove the same in order to succeed in the suit. Suppression of material fact through a cleverly drafted plaint, cannot be entertained by this Court and i...first hearing, by examining the parties under Order 10 of the Code. No doubt, if there is any deliberate and mala fide suppression of material fact, Court should be pro-active an..., possession was handed over to the defendant and therefore, the defendant cannot be branded as a trespasser as pleaded in the plaint. The very suppression of the sale agreement by Mr. S. Bose and...

...jurisdiction of the court is found to be barred by any law, meaning thereby, the subject-matter thereof, the application for rejection of plaint should be entertained....evidence. Question of limitation is a mixed question of law and fact. Ex facie in the present case on the reading of the plaint it cannot be held that the suit is barred by time....the principles of res judicata. Even for the said purpose, questions of fact cannot be gone into. What can only be seen are the averments made in the plaint. What inter alia would ...

...suit is barred by any law, the court has no option, but to reject the plaint.24. “Cause of action” means every fact which would be necessary for the plaintiff to prov...or subtraction of words. If the allegations in the plaint prima facie show a cause of action, the court cannot embark upon an enquiry whether the allegations are true in fact...down by this Court, even if the averments of the plaintiffs are taken to be true, that the entire sale consideration had not in fact been paid, it could not be a ground for cancellation ...

...cannot be said to be unwarranted. The Court thus further opined that suppression of material information necessary for verification of character/antecedents will have a clear bea...decisions rendered by this Court; some of them have been referred to in the impugned order 2010 SCC OnLine P&H 12973.3. It cannot be dispute...fraudulent practice cannot be permitted to be countenanced by a court of law. Consequently, it must be held that the Tribunal had committed a patent error of law in directing rei...

...submitted to the Superintendent of Central Excise on 17-5-1990 clearly mentioned the fact of post-forming process on the rubber, the finding on “suppression of facts” of CEGAT cannot ...classification list supplied by the assessee from time to time. This amendment was brought in order to negate certain decisions of this Court and also the High Courts in India saying that it would not be open to...the amendment in Section 11-A in 2000, it can be said that the approval of the classification list supplied by the assessee cannot take away the conferment of the right on the Central Excise Officer...

...appeal by the High Court — were the defence of the appellant. Thus, these cannot be taken into account while rejecting a plaint under Order 7 Rule 11 CPC. Moreover, the issue as to whether the sui.... 138 of 2008 and OS No. 103 of 2007 ought to have been allowed by the trial court. Since the right of the first respondent cannot be considered in the present proceedings arising out ...of the trial court, which had been affirmed by the High Court, the rights of the parties cannot be further adjudicated and re-litigated upon.11. The applicat...

...material fact viz. the filing of the suit prior to approaching the Court under Article 226.13. As a general rule, suppression of a material fact ...was maintaining a house in the country was held to be a material fact, the suppression of which disentitled her to the relief claimed. Again when in earlier proceedings before this Court, the.... The Division Bench held that the Court would not interfere with the Single Judge's order because of the material suppression of facts by the appellant.10. When the spe...

...the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would di...case, however, suppression of filing of the suit is no longer a material fact. The learned Single Judge and the Division Bench of the High Court may be correct that, in a case ...S.B Sinha, J.— Leave granted.2. How far and to what extent suppression of fact by way of non-disclosure would affect a person's right of access t...

..., was guilty of fraudulent misrepresentations and suppression of material facts with regard to his health. The trial court accepted the defence and dismissed the suit. On appeal by the plaintiff, ...Sri V.V Narasimhan (DW 11) who according to the defence collected sufficient material to establish fraudulent misrepresentation and suppression of material facts by the insured at the time of taki...had given any false answer in his statements or suppressed any material fact which he was under a duty to disclose. The finding of the trial court that the assured had committed fraud on the defendant...

...plaint in which those facts were alleged, the defendant cannot invite the Court to speculate or infer by a process of deduction what those facts might be with reference to the reliefs which were t...proves to the court the identity of the cause of action in the two suits. In other words a plea under 0. 2 r. 2 of the Code cannot be made out except on proof of the plaint in th...filing of which is said to create the bar. Without placing before the court the plaint in which those facts were alleged, the defendant cannot invite the court to speculate or infer by a process ...

...follows:“Objections filed. Heard. Cause of action is a mixed question of fact and law. Hence IA 3 cannot be entertained at this stage. Post for evidence...the plaint can certainly be unravelled and exposed by the Court while dealing with an application under Order 7 Rule 11(a). Inasmuch as the mere allegation of drawal of monies without movement ...in the Karnataka High Court which was again dismissed by an order dated 9-4-1997 holding that the question has to be decided at the trial and that it could not be stated that there was no cause of...

...cannot be rejected by the court exercising the powers under Order 7 Rule 11 of the Code. Essentially, whether the plaint discloses a cause of action, is a question of ...succeed cannot be a ground for rejection of the plaint. In the present case, the averments made in the plaint, as has been noticed by us, do disclose the cause of action and, therefore, t...this Court has accepted the principle that the:“suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has b...

...learned Senior Counsel appearing on behalf of the appellant, inter alia would submit that the respondents, having obtained a decree by practising fraud on the court, cannot be allowed to take the benefit...consideration by the High Court. A third-party right cannot be set at naught by consent. The High Court, therefore, was required to consider the contention of the appellant in its proper ...the second point urged by the appellants is focused. There can be no quarrel with the proposition as noted by the High Court that a party cannot be made to suffer on account of an act ...

...exercised by the Court at any stage of the suit. The relevant facts which need to be looked into for deciding the application are the averments of the plaint only. If on an entire and meaningful...face value, if they show that the suit is barred by any law, or do not disclose cause of action, the application for rejection of plaint can be entertained and the power under Order 7 Rule 11 CPC ....”27. In the case of Ram Singh (supra), this Court has observed and held that when the suit is barred by any law, the plaintiff cannot be allowed to circumvent that...

...suppression of material facts in a plaint.22. In the case on hand, we have also to reckon with the fact that the suits filed by the respondent against the respecti..., of course, for the purposes of convenience, a court would avoid the misjoinder of causes of action or misjoinder of parties. But on the basis of such a defect, the plaint could...law or fact arise for decision in them, it cannot certainly be postulated that the trying of a suit defective for misjoinder of parties or causes of action is something that is barred by ...

...neither disclosed in her plaint nor in her examination-in-chief a contention was raised before the trial court that omission to state that fact amounted to suppression of a material fact ...writ petition in the High Court of Bombay challenging the judgment and order passed by the appellate bench. The High Court held that suppression of the material fact that the app...said omission amounted to suppression of a material fact. After considering the stand taken by Eknath and the findings recorded in the proceedings for eviction filed by the landlady of th...

...rejection of plaint can be entertained and the power under Order VII Rule 11 of CPC can be exercised. If clever drafting of the plaint has created the illusion of a caus...shall be entertained by the Civil court after the expiry of one year from the date of the publication of the list of wakfs under sub-section (2) of Section 5: [Provided ...: entertained by the Tribunal after the Provided that no such suit shall be expiry of one year from the date of the entertained by the Civil court ...

...the date of the knowledge. The knowledge mentioned in the plaint cannot be termed as inadequate and incomplete as observed by the High Court. While deciding the application under Order 7 Rule 11, ...Order 7 Rule 11(d) CPC for rejection of the plaint on the ground of suit being barred by law of limitation. Reply to the said application was filed. The trial court dismissed the suit of ...herein merely on the basis of the limitation holding that since partial rejection of the plaint is not permitted in law, the entire plaint has to be rejected.7. Aggrieved ...

...whether the findings of fact recorded by the lower appellate court are correct, and that error in those findings cannot be held to be prejudice within the meaning of that section...exercised it by reason of overvaluation or undervaluation, should not be entertained by an appellate court, except as provided in the section. Then follow provisions as to when the objections coul...to the jurisdiction of a court based on overvaluation or undervaluation shall not be entertained by an appellate court except in the manner and to the extent mentioned in the section. It is a self...