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...afraid that this is a misreading of the Madras High Court judgment. It was only on the peculiar facts of that case that want of Section 80 CPC against one defendant led to the rejection of the ...non-payment of TDS.”2. An application dated 8-7-2016 was filed by the defendant(s) under Order 7 Rule 11 stating that the plaint disclosed no cause of ...been held that the plaint is to be bifurcated — it discloses no cause of action against the Directors i.e. Defendants 2 to 4 but the suit is to continue against Defendant 1 Company. It has further...
...disclose any cause of action and the trial Judge failed to frame an issue on the point that the plaint itself was liable to rejection as it disclosed no cause of action....Court rejected the defendant's pleas on the ground that the defendant had never pleaded that the plaint did not disclose any cause of action and it was liable to rejection under Order 7 Rule 11 of...sustainable in law. Normally, when a suit is instituted the court is to satisfy itself that the suit is maintainable and it disclosed cause of action and only thereafter the court may issue summons to the defendants but mer...
...whereunder the petition filed by the petitioners/defendants 10 to 12 seeking rejection of plaint was dismissed.2. The respondent herein as plaintiff has filed the suit in O.S. No. 6 of 2012 ...impleaded as defendants 10 to 12 in the suit recently, has filed I.A. No. 45 of 2018 for rejection of plaint stating that the respondent/plaintiff has not produced any documents to show that the suit..., dated 20.10.2018, passed in I.A. No. 45 of 2018 in O.S. No. 6 of 2012 by the learned Additional District Judge, Theni.The Order of the Court was delivered byJ. Nisha...
...VII Rule 11(A) has been annexed as Annexure 3 to the application. According to the defendants, the plaintiff has no cause of action for filing the suit.4. It may be mentioned here that ...does not disclose cause of action, the plaint can be rejected. There should not be any confusion between the case that the plaint does not disclose cause of action and the case t...the ground that the plaintiff has no cause of action for suit. The provision is that if the plaint...
....
6. Thus, while rejecting the plaint, the trial court has come to the conclusion that the date on which the cause of action arose has not been stated in the plaint and ...a plaint where no cause of action is disclosed and not rejection of a plaint on the ground that...has briefly referred to the contents of the paragraphs contained in the plaint and has observed that a study of the entire plaint shows that nowhere has it been stated as to when the cause of ...
...) of the Code of Civil Procedure praying for rejection of the plaint on the ground that the plaintiff has got no cause of action.5. At the time ...plaintiff has no cause of action for the Suit. In my opinion, it is not a ground of rejection of the case.8. Accordingly, I do not find any reason to interfere with the imp...interest, there is no question of rejection of plaint arises. If he has been wrongly made party in the Suit, he is at liberty to move to the Court below seeking appropriate relief.7. It...
.... No.10 preferred under Order VII Rule 11 of CPC seeking for rejection of plaint on the premise that there is no cause of action and also on t...hearing the parties has reasoned that the plaint describes the defendant as a proprietary concern and taking note of the fact that the legal notice have been issued to and answered by the defendant in his...and this Court have by a catena of decisions held that an application under Order VII Rule 11 of CPC can be adjudicated only on the basis of the pleadings in the plaint and...
...' application
under Order VII Rule 11 C.P.C. for rejection of plaint observing
that it cannot be said that no cause of action has been disclosed in
the ...
Court No. - 34
Case :- CIVIL REVISION No. - 95 of 2005
Revisionist :- Smt. Suman And Others
Opposite Party :- Jeet Hire Purchase Pvt. Ltd. And Another
Counsel...revision under Section 115 C.P.C. has arisen from the order
dated 28.01.2005 passed by Civil Judge (Senior Division), Budaun
in Original Suit No. 150 of 2004 rejecting revisionists...
...Order 7 Rule 11
C.P.C. for the rejection of the plaint on the ground that there is
no cause of action for the suit has been rejected.
The respondents have filed the suit for the d...cause of action in the plaint is stated to have arisen on
19.08.2014.
The court below in rejecting the application held that the cause
of action in the plaint has to be c...,
there is a cause of action for the respondents to file a suit.
In view of aforesaid facts and circumstances, no jurisdictional
error has been committed by the court below in rejecting the...
...Order VII Rule 11 read with Section 151 of CPC for rejection of the plaint on the ground that there is no cause of action against the defendant ...ground to reject the plaint itself. As such, the trial court has rightly rejected the application. I find no ground to interfere with the order of the trial court.Accordingly, the petition fails and same is d...ORDERPetitioner is defendant No. 3 before the trial court in O.S No. 865/2007 on the file of III Addl. Senior Civil Judge, Mysore. He had filed an application under...
...application under Order 7, Rule 11 CPC for rejection of the plaint on three counts:- (i) no cause of action to file the present suit; ...CPC fulfills the parameters laid down under that provision or not. No doubt, at the time of the decision of the application under Order 7, Rule 11 CPC, only plaint is to be...examined. However with regard to non-payment of court fee, lack of cause of action, suit being barred by limitation, the court is required to examine the pleadings and thereafter give its opinion...
...the lessor is unnecessary. Mr. Togani submits that these factors warrant the rejection of the plaint on the ground that it fails to disclose any cause of action.
...the Transfer of Property Act. He submits that this is yet another ground for rejection of the plaint for failure to disclose cause of action.
5. Mr. Toga...has no cause of action to institute the suit. Now, this is quite different and distinct from the contention that the plaint fails to disclose any cause of action. Unless the peti...
...ORDERThe application filed by the defendant under Order VII Rule 11(a) of CPC for rejection of the plaint on the ground that there is no cause ...filing the suit, is rejected by the Court below.2. The plaintiffs-respondents herein filed the suit for declaration that the Power of Attorney dated 6.3.2013 executed by them...does not empower the defendant to sell the property in favour of the third Party. Consequential relief is also sought for.3. The defendant-petitioner herein filed the written statement...
..., such as suppression of fact, Order 7 Rule 11 of C.P.C., did not mandate for rejection of plaint under the ground of suppression of fact.
7. Further, th...
4/7
of C.P.C., expects for rejection of plaint is "no cause of action". Even according to th...C.P.C., on the ground that the suit is liable to be rejected on the ground of suppression of facts, res judicata and on the ground of insufficient cause of action. For which the petitioner...
..., seeking rejection of the plaint as there is no cause of action. The said application was contested by plaintiff by filing objection. The trial Court, after considering the material on r...XI OF CPC FOR
REJECTION OF PLAINT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY
THE COURT MADE THE FOLLOWING...in appeal No.MS C(2)02 of 2018 is pending consideration before this Court in Writ Petition No.51764 of 2019 and therefore, there is no impediment for the trial Court to reject the plaint insofar as...
...defendant No. 1. He had filed an application under Order VII Rule 11 of the Code of Civil Procedure, seeking rejection of the plaint on the ground that, the suit is barr..., there is no separate cause existing for the plaintiff to file suit, it is hit by the principles of res judicata and also hit by lis pendens. Though the trial court noticed these materials, but has...ORDERThis revision is directed against the order dated 3.8.2011 in O.S No. 460/2007 on the file of Senior Civil Judge & CJM., Chickballapur.2. Petitioner is...
...of the defendant. Defendant did not return the amount and on that very cause of action, plaintiff filed the suit. Learned counsel for the petitioner vehemently contended that the alleged oral payment in the absence...7 Rule 11 CPC, only averments made in the plaint are to be seen. Cause of action is dependent upon bundle of facts. There is no provision to bar a party from recovering an...amount which was allegedly paid orally. Such a plea is always subject to leading evidence at a subsequent stage. At this stage, no such assessment on the basis of likely evidence to be led by the...
...Order VII Rule 11 C.P.C. for rejection of plaint has been dismissed. Challange was on the ground that the plaintiff had no cause of action.
2. It is not dis...partition would get shown. Therefore, this is not a case for rejection of plaint disclosing no cause of action.
2
...death the property would go to class I heirs and not to the plaintiffs. This disputed question of fact would require to be adjudicated in the suit and this cannot be a ground for rejection of the plaint...
...rejection of the plaint was dismissed. Plaint was sought to be rejected on the ground that there is no cause of action. It comes out that the suit was filed in the year 2015 and ...in the year 2018. I have gone through the plaint. It is not proper to make the comments on the merits of the case. However, this Court finds that the plaint does disclose the cause of action. Thou...Division), Chandigarh, vide which the application filed by petitioner-defendant No. 1 under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure for...
....
3. Pending suit, the defendant filed the present application in I.A. No. 413 of 2014 seeking rejection of the plaint on the ground that it does not disclose cause ...of 2014. The very basis of the application for the rejection of the plaint is that there is no cause of action as...defendant in O.S. No. 88 of 2012, whose application under Order 7 Rule 11(a) of C.P.C was dismissed by the Trial Court, on the ground that the plaint does disclose a cause of action is on...