CiteTEXT
...Disposition: Appeal AllowedCiting Reference: Mentioned 3Case Note:Civil - Rejection of plaint - Whether there could be a partial rejection of ...be a partial rejection of the plaint. Mr. Chiranjiva Lal Aggarwala submits that a plaint can either be rejected as a whole or not at all, and he has relied on a statement of the law given in Mulla...- Held, in present case, rejection of a part was nothing more than rejection of three plaints - But the suit was brought on one plaint and not five suits were brought - Law did not change merely because...
...plaintiff would submit that writ petition as against partial rejection of plaint would be maintainable as there is no other remedy available. Learned counsel referring to definition of decree under Section...2(2) of CPC would submit that partial rejection of plaint as against one of the defendants would not be a decree since there is no final adjudication of the controversy or rights .... M.RP.DAYANANDA PAI AND
ANOTHER) wherein this Court held that, against partial rejection of plaint, no appeal could be filed and remedy of...
...prayer is concerned, the same cannot be said in respect of the second prayer. It is well settled that there cannot be partial rejection of plaint.
2/4...Munsif Court, Sivakasi is the revision petitioner herein. He filed I.A.No.4 of 2021 for rejection of plaint. It was dismissed vide order dated 20.10.2021. Questioning the same, the present civil revision...
C.R.P.(MD)No.1772 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 29.08.2024...
...counsel for the 1strespondent would submit that the Trial Court rightly finding that the petition cannot be filed for partial rejection of plaint has rightly dismissed the petition. He...rejection of plaint is not permissible. However, it is the case of the petitioner that item nos. 1 and 3 are suit properties are his individual properties and that they cannot be included in the suit for...plaint. The Trial Court finding that the Court has no powers to partially reject the plaint and also finding that the scope and enquiry at the stage deciding the application under Order 7 Rule 11 of...
...the order passed by the Trial Court and sought to dismiss the petition filed by defendant No.8 contending that partial rejection of plaint is not permissible under Order VII Rule 11 of CPC...purchasers of the suit schedule property and they were made as parties to the suit. Partial rejection of plaint is not permissible. The provisions of Order VII Rule 11 of CPC are included...the rights of the parties at earlier stage on the limited grounds stated in that rule. The concept of partial rejection of plaint is in respect of defendant No.8 is apparently in applicab...
...the first relief that the plaintiffs have claimed is sustainable in the background of plaint : 5 : averments regarding threat to possession, partial rejection of plaint is not permitted. Therefore...maintainable. According to him, the plaintiffs should have filed the suit : 3 : under Section 92 of C.P.C. He refers to 2nd and 3rd prayers and argues that there cannot be an injunction decree restraining the...the management of the trust. So far as the first prayer is concerned, it is his argument that temporary accommodation has been provided to the plaintiffs. Therefore, absolutely there is no threat to...
...enjoyment of the suit property. Obviously such a prayer cannot be said to be not maintainable. The Hon'ble Supreme Court in many a case had held that partial rejection of plaint is not permissible. One...defendants in O.S.No.42 of 2022 on the file of the District Munsif Court, Paramakudi are the revision petitioners herein. They filed I.A.No.4 of 2023 for rejection of the plaint. It was dismissed ...
C.R.P(MD)No.2024 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.08.2024...
.... Provisions contained in order 7 rule 11 of code of civil procedure make a provision for rejection of plaint. It obviously refers to rejection of ...: -
"11. Rejection of plaint. - the plaint shall be rejected in the following cases : - (a) - - (b) where the relief claimed is undervalued, and the plaintiff...excess of the standard rent. Accordingly, it is submitted by him that the suit could not have been valued on the basis of mesne profit at the alleged rate and the plaint ought to have been rejected. He...
...question, which arises for consideration is whether partial rejection of the plaint is permissible.
5/7
16.As observed...by the trial court, partial rejection of plaint is not permissible and this position is well settled. The trial court has referred the judgment of the Hon'ble Supreme Court in 2022-1-L.W...sides, the trial court was of the view that there is no cause of action for the suit and more-over, partial rejection of the suit is not permissible as per the statement of law. Since triable issu...
...Appellants survives, the Plaint cannot be rejected partially under Order VII Rule 11 of the CPC. He submitted that partial rejection of Plaint is not permitted under the said Rule. He submitted th...by Section 17(3) of the SARFAESI Act, still the plaint must survive because there cannot be a partial rejection of the plaint under Order 7 Rule 11 CPC. Hence, even if one relief survives, the ...Hon'ble Supreme Court in the case of Central Bank of India and Another (supra) squarely applies to the facts of this case. Therefore neither entire nor partial rejection of plaint is perm...
...Appellants survives, the Plaint cannot be rejected partially under Order VII Rule 11 of the CPC. He submitted that partial rejection of Plaint is not permitted under the said Rule. He submitted th...by Section 17(3) of the SARFAESI Act, still the plaint must survive because there cannot be a partial rejection of the plaint under Order 7 Rule 11 CPC. Hence, even if one relief survives, the ...Hon'ble Supreme Court in the case of Central Bank of India and Another (supra) squarely applies to the facts of this case. Therefore neither entire nor partial rejection of plaint is perm...
...AND SESSIONS JUDGE,
MAYOHALL, BENGALURU, PARTLY ALLOWING THE I.A.NO.3/25
FILED UNDER ORDER VII RULE 11(d) R/W SEC.151 OF CPC
FOR REJECTION OF PLAINT.
...consideration in this appeal:
- 5 -
i. Whether partial rejection of plaint is permissible....
12. In view of the foregoing discussion, this Court answers Point No.1 in the negative and holds that partial rejection of the plaint is not permissible under Order VII...
.../plaintiff in the plaint.
6.Since some of the properties are disputed and not amenable for partition and some of the properties are available for partition, a partial ...of the family. Under these circumstances, this petition has been filed for rejection of the plaint which was not properly considered by the trial Court
Page 2 of 6...rejection of plaint. The Court has to read the entire plaint as a whole to find out whether it discloses a cause of action and if that is so, when the plaint cannot be rejected by the Court...
...sustainable. Apart from this, the respondents/ plaintiffs sought the reliefs against the defendants 2 and 3 also. Therefore, partial rejection of plaint is impermissible in law. On this ground also, the...petitioner has no case for rejection of plaint. Further, all the grounds raised by the petitioner were considered and a detailed and well reasoning order was passed by the learned Judge. As such, I do not...service connection No.253-002-502, in respect of the suit property. In the above said suit, the petitioner has filed an application in I.A.No.2/2023 in O.S.No.917/2019 seeking to reject the plaint on the...
...- Rejection of Plaint - Scope of - Undervaluation of Plaint is curable defect - Plaint cannot be rejected on this ground - Limitation for rejection of Plaint mi...on basis of allegations in application for rejection of plaint. Court has to consider only plaint as a whole, and in case, entire plaint comes under situations covered by Order VII Rule 11 (a) to ...the Plaintiff in the plaint is accepted by the learned Sub Judge, Tambaram and the Petition seeking property valuation by the Defendant in I.A.No.17 of 2021 was dismissed stating that the properties...
...(0) AIJEL SC 74615 wherein the Apex Court has held that if some of reliefs survive in the plaint and are not barred by law, there cannot be a partial rejection of plaint under the provisi...them discloses a cause of action. There cannot be a partial rejection of plaint and if one relief is not barred by law, the Court cannot reject the plaint. Looking to the facts of the pre...& Ors.
7.6. Hon'ble Apex Court has time and again clarified that there cannot be a part rejection of Plaint and even if a single prayer is maintainable, the...
...Certificate on 22.11.2022. The suit having been filed within a couple of months thereafter, I cannot hold it to be barred. In any event, there cannot be a partial rejection of plaint vis-a-vis prayer....
5. On being served with summons, the third defendant filed an application for rejection of plaint.
6. The third defendant urged that the suit is barred....
8. The learned Subordinate Judge at Madurantakam considered the affidavit and counter and dismissed the application seeking rejection of plaint. He found that the third defendant was not int...
..., Upgradation and Control) Act, 2001? 2. Whether there can be a partial rejection of the plaint on the ground that some of the reliefs claimed are barred by the provisions of .... Hans Jurgen Buchmann Vs. Mrs. Leopoldina C. Rodrigues & Ors. reported in 2004(4) ALL MR 140, to urge that partial rejection of ...order as under: The substantial questions of law involved in this matter are as under : 1. Whether the Courts below could have sa30.16.J.odt 4/12 rejected the plaint under...
...rejection of a plaint in part, and the note recorded by the trial court does not, therefore, amount to the rejection of the plaint as contemplated in the Civil Procedure Code.”...which reads as follows:“11. Rejection of plaint.—The plaint shall be rejected in the following cases—(a) where it does not...1021, the High Court held that a note recorded by the trial court did not amount to a rejection of the plaint as a whole, as contemplated by the CPC, and, therefore, rejected a revision petition in...
...is however contended that rejection of plaint against the defendant no.3 alone will not be permissible since it will amount to partial rejection.
28. It is well settled.../or the suit is barred by law against one of the defendants, the plaint can be rejected against such defendant. Such rejection of plaint against one or more of the defendant while allowing the sui...against some of the defendants, while allowing the suit to proceed against other defendants, the order of rejection of plaint cannot be termed to be an order of partial rejection...