...the rejection of the plaint in terms of Order 7 Rule 11 CPC. Hence, according to Mr. Acharya, the fraud which is alleged against the petitioners by the informant was not established, whereas, the .... 6. Mr. Acharya, learned counsel for the petitioners submits that the fraud so alleged by the informant has been disbelieved by the civil court in C.S. No.120 of 2008 accepting the genuineness...of the alleged transactions and ownership in respect of the properties held by petitioner No.1. A copy of the judgment in C.S. No.120 of 2008 is produced by Mr. Acharya along with the order of the...

.... [2020 (7) SCC 366]. Heard. It is trite that while deciding an application under Order 7 Rule 11 CPC, only...has been filed under Article 227 of the Constitution of India challenging the order dated 09.08.2022 whereby the application filed by the defendant-petitioner under Order 7 Rule 11 CPC has been...specifically been stated that all proceedings were conducted behind the back of the plaintiff-respondents. Details of the fraud as alleged have been given in the plaint. In the case of...

...by the plaintiffs is vexatious, meritless, and does not disclose a right to sue. The plaint is liable to be rejected under Order 7 Rule 1(a).29.10. The plaintiffs have averred in the plaint tha...Order 7 Rule 1 CPC, which reads as under:“11. Rejection of plaint.—The plaint shall be rejected in the following cases—(a...herein under Order 7 Rule 1(d) CPC holding that the suit filed by the appellant and Respondents 9 to 13 herein (hereinafter referred to as “the plaintiffs”) was barred by limitation...

...the respondent No.2 for the alleged fraud. 17. This Court is primarily concerned with the rejection of the plaint under Order 7 Rule 11 CPC. The Trial Court in ...judgment dated 04.07.2016 of learned Addl. District Judge in RCA No.10/2015 whereby findings of the learned Trial Court vide judgment dated 21.01.2015 in Suit No.87/2014 dismissing it under Order 7 Rule 11...appellant was contested by the respondents. Respondent No.2 filed an application under Order 7 Rule 11 CPC for rejection of the plaint as the suit was barred by limitation. The Trial Court by a...

..., and a failure to do so must result in dismissal of the Plaint under Order 7 Rule 11, as stated earlier, the fraud is alleged to have been committed by Defendant Nos. 1 to 4 who are all corporate...Suit, under Order 7 Rule 11 and Order 1 Rule 10 of the Code of Civil Procedure, 1908 ("CPC") for rejection of the Plaint qua them and / or deleting their names from the cause title.... 7. Order 1 Rule 10 and Order VII Rule 11 of the CPC are reproduced hereunder for ready reference: Order 1 ...

...Plaint under Order 7 Rule 11, as stated earlier, the fraud is alleged to have been committed by Defendant Nos. 1 to 4 who are all corporate entities. The corporate entities cannot commit a ...plaintiff to use the word "fraud" in the plaint and get over any objections that may be raised by way of filing an application under Order 7 Rule 11 CPC. As pointed out by... Nos. 14 and 15 to the captioned Suit, under Order 7 Rule 11 and Order 1 Rule 10 of the Code of Civil Procedure, 1908 ("CPC"...

...Order 4 Rule 1 of the CPC, and a failure to do so must result in dismissal of the Plaint under Order 7 Rule 11, as stated earlier, the fraud is ...are filed by the above named Applicants who are party Defendant Nos. 14 and 15 to the captioned Suit, under Order 7 Rule 11 and Order 1 Rule 10...thereof.7. Order 1 Rule 10 and Order VII Rule 11 of the CPC are reproduced hereunder for ready reference...

...Plaint under Order 7 Rule 11, as stated earlier, the fraud is alleged to have been committed by Defendant Nos. 1 to 4 who are all corporate entities. The corporate entities cannot commit a ...plaintiff to use the word "fraud" in the plaint and get over any objections that may be raised by way of filing an application under Order 7 Rule 11 CPC. As pointed out by... Nos. 14 and 15 to the captioned Suit, under Order 7 Rule 11 and Order 1 Rule 10 of the Code of Civil Procedure, 1908 ("CPC"...

....4.5 It is further submitted by Shri. Marshal, learned counsel for the appellants-original plaintiffs that when the original plaintiffs have alleged fraud in the suit with respect to execution of the sale deeds under...limitation. Therefore, the learned Judge has rightly rejected the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure.5.3 Now, so far as s...provision of Order 7 Rule 11 of the Code of Civil Procedure would make vague averment and allege fraud without substantiating the same and can plead like in the present case that...

...Act. The Appellate Tribunal passed an order dated 16-11-1978 determining the ceiling limit of the declarant to be surplus and declared 0.4388 S.H land to be in excess of the ceiling limit on the...land offered for surrender after enquiry, it was not open to the Tribunal to take note of any acquisition earlier.7. The order of the High Court is clearly erroneous. There is...Singh v. Savitri Devi (2003) 8 SCC 319.)11. “Fraud” and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence. It is a concept...

...observed at QB p. 712,‘… No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything...to be forged or fake, obviously fraud was involved and that was sufficient to extend the period of limitation. In view of this finding the other issues raised by the respondent are of academic interest.20. The...Dr. Arijit Pasayat, J.— Challenge in this appeal is to the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai (in short “Cestat...

...which only 30 acres had been auctioned. The appellant herein in terms of the order passed on or about 11-12-1990 took delivery of possession of the auctioned land. Questioning the judgment and order.... The said civil review application was dismissed by a learned Judge on 10-5-1999. SLP (Civil) No. 20273 of 2000 arises out of the said order.11. Dr G.C Bharuka, the...argument for a moment. No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment of a court, no order of a minister, can be allowed to stand if it has...

.... Jagannath (1994) 1 SCC 1.)11. “Fraud” as is well known vitiates every solemn act. Fraud and justice never...physically and mentally for unshackling the chains of foreign rule in our country. The normal reaction when one sees such person is one of reverence, regard and respect. The brave and courageous deeds of these...common thread which must have passed through the minds of these people is their sole objective to see that their motherland has a government of its own, free from foreign rule. But these images get...

...of the applicant/plaintiff about the alleged fraud in the GPA set dated 01.11.2010 is a question of fact. The burden will be upon the plaintiff to prove that she got knowledge of the alleged fraud in the GPA set da...when the defendants (SIC) moved application under Order 7 rule 11 CPC. The 5 General Power of Attorney 4... application of defendants no. 3 and 4 under Order 7 rule 11 CPC (in the title of the application inadvertently Order 17 Rule ...

...25.01.2017, passed by Addl. Civil Judge (Sr. Division), Loharu, whereby application U/O 7 Rule 11 CPC filed by defendant/respondents has been allowed and plaintiffs have been directed to pay ad valorem court fee alon...application under Order 7 Rule 11 CPC seeking direction to the plaintiffs to affix ad valorem court fee on the plaint on the ground that the two sale deeds were executed by the... Present: Mr. S.S. Dinarpur, Advocate for the petitioners. Rajan Gupta, J. Present revision petition is directed against the order dated...

...Debt Recovery Tribunal and Appellate Tribunal rejecting the application of the appellant filed under Order 7 Rule 11 of the Code of Civil Procedure.3. The appellant was the...Civil Court it was transferred to the Debt Recovery Tribunal on 9-10-1995. Before the said Tribunal the appellant filed an application under Order 7 Rule 11 of the Civil Procedure Code for rejecting the...application under Order 7 Rule 11 CPC in order to find out whether the plaint did not disclose a cause of action, the Court should not look into anything else except the plaint. Further, after the issues...

...earlier caste certificate has been scrutinized by a Committee without jurisdiction or the validity order is obtained by committing fraud on the Committee.6. The Supreme Court has laid down...Kumar Singh).35. So far as the second principle, noticed by us, is concerned, there is no dearth of authority. Fraud vitiates all solemn acts. When an order has been obtained by...held:“It is now a well-settled principle that fraud vitiates all solemn acts. If an order is obtained by reason of commission of fraud, even the principles of natural justice are not...

...Supreme Court had an occasion to consider the question of rejection of plaint under Order 7 Rule 11-A in the judgment reported in “...reference to a cause of action. Moreover, the learned counsel would contend that when a fraud has been pleaded in the plaint, an application filed under Order 7, Rule 11 for...interim injunction restraining the defendants from alienating the properties.3. The defendants filed I.A No. 279 of 1999 for a direction under Order 7, Rule 11, of...

...rights and frustrate his criminal complaint. These bundles of facts disclose cause of action and for the purpose of Order 7 Rule 11 CPC it can not be said that plaint does not disclose ca...setting aside the order dated 30.05.2015 passed by learned Additional Civil Judge (Senior Division), Chandigarh, vide which the application under Order 7 Rule 11 C.P.C filed by...Order 7 Rule 11 read with Section 151 C.P.C for rejection of the plaint alleging that the plaintiff had no locus standi to file the suit as he was neither the seller nor the purchaser and...

...time being in force. Learned counsel has submitted that the grounds on which a plaint can be rejected are given in Order 7 Rule 11(d) CPC and the plea raised by the contesting respondents was one as...prescribed period shall be dismissed although limitation has not been set up as a defence and sub-rule (d) of Order 7 Rule 11 also says that the plaint shall be rejected where the suit appears from the...the purpose of determining whether leave is liable to be revoked on the point of demurrer.15. The principle underlying clause (d) of Order 7 Rule 11 is no different...