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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: andhra pradesh Page 1 of about 1,277 results (0.051 seconds)

Feb 21 2007 (HC)

Addanki Adilakshmamma and ors. Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2007(3)ALD398; 2007(3)ALT245

..... controversy herein and the consideration should be confined to the applicability of order vii rule 11 and section 151 of the code of civil procedure.14. the points that arise for consideration in these revisions are:1. whether the plaint is liable to be rejected or the suit is liable to be dismissed for the reasons relied on by the revision petitioners?2. to what ..... deal with the property as per the land encroachment act, 1905 and section 14 thereof bars the jurisdiction of civil court. the suit is, hence, not maintainable and the plaint be rejected under order vii rules 10 and 11 and section 151 of the code of civil procedure.5. the plaintiff resisted the petition claiming that as the cancellation of the patta was opposed to law ..... . 261 of 1999 filed under order vi1 rules 10 and ll(d) and section 151 of the code of civil procedure to reject the plaint, by an order dated 7-2-2005 of the principal junior civil judge, addanki, the petitioners therein/defendants 1 and 2 in the suit filed civil revision petition no. 1405 of 2006, while the legal representatives of defendants 3 and 4, and ..... and principles of natural justice and as the defendants are trying to forcibly evict the plaintiff without following the procedure under the land encroachment act .....

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Jun 10 2003 (HC)

C. Arjun Rao Vs. Dr. T. Ramamohana Rao and anr.

Court : Andhra Pradesh

Reported in : 2003(4)ALD450; 2004(1)ALT358

..... defendant's application filed in i.a. no. 1593/2001 in o.s. no. 654/1993 on the file of the vii senior civil judge, city civil court, hyderabad to reject the plaint for want of notice under section 80 code of civil procedure. the 1st respondent herein is the plaintiff who filed the said suit for recovery of the damages of rs. 5,00,000/- against ..... is stated that the 1st defendant filed i.a. no. 1337/1998 under order vii, rule 11 r/w section 151 code of civil procedure to reject the plaint contending that the criminal court acquitted the plaintiff invoking exception 9 of section 499 ipc and the entire foundation of the case made by the plaintiff rests on the observations made by the ii additional metropolitan sessions ..... by the plaintiff claiming the damages for malicious prosecution is false and fictitious and, therefore, the plaint may be rejected under order vii, rule 11 cpc to avoid harassment. a counter was filed by the plaintiff in the said application and the learned vii senior civil judge, city civil courts, hyderabad by order dated 15/04/1999 dismissed the said i.a. no. 133/98 ..... decided after completion of the trial alone but the plaint cannot be rejected as sought for by the 1st defendant under order vii, rule 11 (d) cpc.13. therefore, i do not see any merits in the civil revision petition and the court below has rightly rejected the said application of the petitioner herein. accordingly, the civil revision petition is dismissed. there shall be no order .....

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Aug 27 2004 (HC)

T.N. Khambati and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2004(6)ALD243; 2004(6)ALT454

..... other reliefs.4. soon after the appearance, the respondents i.e., defendants 1 to 6 filed the present application under rule 11(a) of the order 7 of code of civil procedure to reject the plaint, inter alia, on the ground that the suit as has been filed in pursuance of the order of the supreme court dated 17-9-1997 is not maintainable in ..... appearing for the appellants strenuously contended that having regard to the nature of objection raised, the very provisions under rule 11 of order 7 of the code of civil procedure has no application nor the plaint could have been rejected without proper enquiry and evidence from both sides. even otherwise, the suit having been filed in terms of the orders of the hon'ble supreme ..... 202 of the indian contract act or even under section 146 of the code of civil procedure. it was also observed that though the legal representatives of the azizunnisa begum were added as defendants 7 to 9, no relief is claimed against them. hence, the suit is liable to be rejected holding that the hon'ble supreme court has granted permission with concession to ..... court, the question of rejecting the plaint does not arise unless a regular trial is held by going into the claims and it was also contended that the interpretation .....

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Jun 12 2009 (HC)

K. Nagarathnamma Vs. Sree Sreenivasa Financial Services Rep. by Its Pa ...

Court : Andhra Pradesh

Reported in : 2009(5)ALT167

..... is filed under order vii rule 11(c) and (d) of the code of civil procedure (hereinafter in short referred to as 'the code') for the purpose of convenience.12. order vii rule 11 of the code deals with rejection of plaint and order vii rule 11(c) of the code specifies that the plaint shall be rejected in the following cases where the relief claimed is properly valued but ..... , kurnool.7. the said application was filed by the petitioner/defendant under order vii rule 11(c) and (d) of the code of civil procedure praying for rejection of the plaint. the learned judge after recording the respective stands taken by the parties in the affidavit filed in support of the application and the counter, having formulated the point for consideration ..... according to law defendant no. 2 was not agent of the union of india and that being so plaint does not disclose any cause of action against the latter.i, therefore, accept the application and reject the plaint with costs under order vii rule 11, code of civil procedure against the union of india, defendant no. 1.the learned judge, in fact, followed the legal proposition ..... clear right to sue trial court should exercise its power under order vii rule 11, code of civil procedure, and should reject the plaint. so it is meaningful reading of the plaint, which is required. it is to be seen if actually according to law, on the allegations contained in the plaint, defendant no. 2 was agent of the union of india or not. mere formal allegation .....

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Mar 26 2004 (HC)

Jaswanth Kour and anr. Vs. Rajan Bai and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP511; 2004(4)ALD780; 2004(4)ALT541

..... plaint schedule properties in three equal parts and allotment of one such share to each of them and delivery of possession ..... under section 115 of the code of civil procedure. the petitioners herein are the plaintiffs, who seek to assail the orders in ossr no. 3492 of 2003 dated 22-12-2003 on the file of the court of district judge, karimnagar district, rejecting the plaint filed under section 26 of the code of civil procedure read with order 7, rule 1 of code of civil procedure, seeking for partition of the ..... of one such shares to the plaintiffs; recovery of an amount of rs. 40,000-00 from the defendants towards their share of rents on house from the plaint schedule property for ..... allot the shares for which they are entitled by passing a preliminary decree. after numbering the suit, the office of the senior civil judge, kavali put up a check slip stating that the said suit is for partition of plaint schedule properties and for allotment of shares of plaintiffs 1 and 2 and defendants and also for permanent injunction restraining defendants 1 .....

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Jun 14 1996 (HC)

Mohd. Abdul Basith Vs. Smt. Razia Begum

Court : Andhra Pradesh

Reported in : 1996(3)ALT280

..... rejection of the plaint on other grounds does not amount to a decree. it is further ..... 'decree' for the reasons aforesaid.13. in the case of shamsher singh v. n. rajinder prashad, air 1973 sc 284 it is held mat an order rejecting a plaint under order 7 rule 11 of the code of civil procedure for non-payment of additional court fees demanded is appealable as a decree.14. relying on major s.s. khanna v. brig. f.j. dillon ..... rejecting a plaint under order 7 rule 11 only amounts to a decree whereas ..... court under order 6 rule 5 of the code of civil procedure. a division bench of the madhya pradesh high court held that since an order rejecting a plaint is treated as decree by legal fiction created by section 2(2) of the code of civil procedure, it must be confined to cases of rejection of plaint expressly provided in the code of civil procedure and, therefore, it is clear that an order .....

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Feb 27 2007 (HC)

Venture Global Engineering Company Vs. Satyam Computer Services Ltd. a ...

Court : Andhra Pradesh

Reported in : 2007(3)ALD433; 2007(3)ALT471; 2007(3)ARBLR150(AP); [2007]138CompCas779(AP)

..... appeal is as to whether the court below was justified in rejecting the plaint, exercising its jurisdiction under order 7 rule 11 of the code of civil procedure?20. it is apt to extract order vii rule 11 of the code of civil procedure, for ready reference and better appreciation, which is thus:11. rejection of plaint:the plaint shall be rejected in the following cases:a. where it does not disclose ..... the act, 1996.12. after the institution of the suit, the defendant no. 1 filed an application i.a. no. 2042 of 2006, under order vii rule 11 of the code of civil procedure, to reject the plaint on various grounds.13. it is settled law that the courts while exercising their jurisdiction, provided under order vii rule 11 of the ..... , secunderabad, allowing the application .a. no. 2042 of 2006 in o.s. no. 80 of 2006, and rejecting the plaint, while exercising its jurisdiction under order vii rule 11 read with section 151 of the code of civil procedure.3. appellant is the plaintiff and the respondents are the defendants, in the suit, before the court below.4. for the sake of convenience, in this .....

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Sep 22 2008 (HC)

M.A.E. Kumar Krishna Varma Vs. Sri Ramoji Rao and ors.

Court : Andhra Pradesh

Reported in : 2008(6)ALD630

..... a whole to find out whether it discloses a cause of action and if it does, then the plaint 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 fact which has to be gathered on the basis of the averments made in the ..... the institution of the suit and that is why courts have taken the view that in a case where notice under section 80 of the code is mandatory, if the averments in the plaint indicate the absence of a notice, the plaint is liable to be rejected. for, in that case, the entertaining of the suit would be barred by section 80 of the ..... .1. this civil revision petition is directed against the order dated 22.1.2008 in la. no. 794 of 2007 in o.s. no. 212 of 2007, on the file of the vii additional district judge (fast track court), visakhapatnam, wherein the application filed by the revision petitioner/first defendant under order vii rule 11 cpc, seeking rejection of the plaint, was dismissed.2 ..... to tell the plaintiffs either to proceed at the instance of one of the plaintiffs or to proceed with one of the causes of action. on the scheme of the code of civil procedure, it cannot therefore be held that a suit barred for misjoinder of parties or of causes of action is barred by a law, here the .....

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Sep 13 2004 (HC)

Mandadi Krishna Reddy Vs. Guggula Sreenivas Reddy

Court : Andhra Pradesh

Reported in : 2004(6)ALD638

..... plaintiff never sought the leave of the court for payment of deficit court fee, but only sought enlargement of time for resubmitting the plaint.6. at the outset, it is to be noted that as per the code of civil procedure (amendment) act no. 46 of 1999 with effect from 1-7-2002 under section 148 of c.p.c. the time that can ..... about for years on 13-2-2003. if that be so, in the light of the mandatory provisions of order 7, rule ll(c) of cpc the plaint is liable to be rejected.8. learned counsel for the respondent vehemently contended that since no prejudice is caused to the defendant in permitting the suit to proceed and particularly since the order impugned cannot ..... instance and particularly for nonpayment of deficit court fee even after the period of about four years. in such circumstances, the court below ought to have rejected the plaint under order 7, rule 11 (c) of cpc which mandates that where the plaintiff on being required by the court to pay the deficit court fee within the time to be fixed fails to ..... do so the plaint shall be rejected. it is to be noted that the plaint initially presented was returned on 17-6-1999 granting seven days time for complying the objections .....

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Dec 01 1966 (HC)

Kumarika Subarna Rekha Mani Devi and ors. Vs. Ramakrishna Deo and ors.

Court : Andhra Pradesh

Reported in : AIR1968AP239

..... in a loose sense. as already stated the word 'order' in schedule ii, article 3 cannot be? construed to include decrees within the meaning of the code of civil procedure, so as to take in orders rejecting plaints which are deemed to be decrees under section 2(2), c. p. c.this construction is also consistent with section 3 of the act which lays down ..... order no doubt because they would otherwise be excluded as being things to be reckoned amongst decrees and not amongst orders, an order rejecting a plaint, which is to be deemed to be a decree under the code of civil procedure is not included under article 11 of schedule ii of the court-fees act.'it is obvious that in the view of the learned ..... ' no doubt because they would be otherwise be excluded as being things to be reckoned amongst decrees and not amongst orders: an order rejecting a plaint, which is to be deemed to be a decree under the code of civil procedure, is not included under article 11 of schedule ii of the court-fees act.'on a consideration it appears to me that ii 'order ..... is not applicable as it certainly excluded orders of rejection of plaints from the purview of that article. the madras amendment, however, gave a different heading, viz.. memorandum of appeal when the appeal is from an order inclusive of an order determining any question under section 47 or section 144 of the code of civil procedure, 1908, which gave rise to a contention that this .....

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