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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Page 4 of about 2,056 results (0.162 seconds)

Sep 02 2013 (SC)

Govt. of Kerala and ors. Vs. Sudhir Kumar Sharma and ors.

Court : Supreme Court of India

..... time to time.5. in the said suit, i.a. nos. iii & iv were filed on behalf of the present appellants under order vii rule 11 of the cpc praying for rejection of the plaint.6. the said applications filed by the appellants had been heard by the trial court and ultimately, by an order dated 3rd september, 2001, the said applications praying ..... for rejection of the plaint had been rejected.7. being aggrieved by the order dated 3rd september, 2001, whereby the applications praying for rejection of the plaint had been rejected, the appellants had filed civil revision petition no.5189 of 2001, which was also rejected by the high court by an order dated 20th january, 2005 and ..... the said order has been challenged by the appellants in this appeal.8. the trial court had rejected the i.a. nos. iii & iv praying ..... of 2005) govt. of kerala & ors. .....appellants versus sudhir kumar sharma & ors. ..respondents judgment 1 anil r. dave, j.1. leave granted.2. being aggrieved by the judgment delivered in civil revision petition no.5189 of 2001 dated 20th january, 2005 by the high court of karnataka, this appeal has been filed by the government of kerala & other officials.3. the .....

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Aug 25 2015 (SC)

Vaish Aggarwal Panchayat Vs. Inder Kumar and Ors.

Court : Supreme Court of India

..... section 11 of the code of civil procedure, principle of res judicata equally applies to the interlocutory stage of the suit as well. plaintiff-respondent cannot be permitted to raise similar controversy repeatedly on the same facts and circumstances and in fact, the present suit is an abuse of the process of the court and the plaint has rightly been rejected by the learned additional ..... civil judge (senior division), kurukshetra. ..... (senior division), kurukshetra, whereby he has declined to entertain the petition preferred under order ix rule 13 of the code of civil procedure for setting aside the judgment in civil suit no.806/93.2. on a perusal of the order passed by the high court, we find that the trial court as well as the appellate court have analysed ..... 2, who are defendants in the said suit, appeared before the trial court, entered contest and after issues were framed moved an application under order 7 rule 11, civil procedure code (cpc), for rejection of the plaint on the ground that the suit was barred by law. the trial court, vide order dated 7.12.2005 allowed the application moved by the defendants therein.4. aggrieved .....

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Aug 29 2005 (SC)

Popat and Kotecha Property Vs. State Bank of India Staff Association

Court : Supreme Court of India

Reported in : 2005(6)ALD27(SC); 2005(4)AWC3869H(SC); 2005(4)CTC489; JT2005(12)SC302; (2005)7SCC510

..... judgment rendered by a division bench of the calcutta high court holding that the plaint filed by the appellant was to be rejected in terms of order vii rule 11(d) of the code of civil procedure, 1908 (in short the 'cpc') as the suit was barred by limitation. the order passed by learned single ..... or other reliefs.'an application was filed by the respondent under order vii rule 11 of cpc praying for rejection of the plaint on the ground that the suit as is apparent from the statement contained in the plaint itself was barred by limitation in the sense that the suit was filed beyond the period ..... instead, the word 'shall' is used clearly implying thereby that it casts a duty on the court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities provided in the four clauses of rule 11, even without intervention of the defendant. in ..... any event, rejection of the plaint under rule 11 does not preclude the plaintiffs from presenting a fresh plaint in terms of rule 13.20. the above position was highlighted in sopan sukhdeo sable and ors. v. ..... cpc. clause (d) of rule 11 of order vii applies in those cases only where the statement made by the plaintiff in the plaint, without any doubt or dispute shows that the suit is barred by any law in force.order vii rule 11 of the code reads as follows:order vii rule 11: rejection of plaint. - the plaint shall be rejected .....

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Jul 03 2012 (SC)

The Church of Christ Charitable Trust and Educational Charitable Socie ...

Court : Supreme Court of India

..... application no. 3560 of 2005 under order vii rule 11 of the code of civil procedure, 1908 (for short "the code") praying for rejection of the plaint. on 18.01.2006, the plaintiff-respondent filed application no.179 of 2006 for amendment of the plaint.e. the learned single judge of the high court rejected the plaint insofar as 1st defendant is concerned and directed that the suit can ..... 11 of the code: "11. rejection of plaint the plaint shall be rejected in the following cases:a. where it does not disclose a cause of action;b. where the relief claimed is undervalued, and the plaintiff, on being required ..... was right in reversing the said decision?6. since the appellant herein, as the first defendant before the trial judge, filed application under order vii rule 11 of the code for rejection of the plaint on the ground that it does not show any cause of action against him, at the foremost, it is useful to refer the relevant provision: order vii rule ..... of action of privity of contract between the plaintiff and the first defendant or on behalf of the 1st defendant. to reject the plaint even before registration of the plaint on one or more grounds mentioned in order vii rule 11 of the code, the other defendants need not necessarily be heard at all as it does not affect their rights. as a matter .....

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Aug 21 2017 (SC)

Sejal Glass Ltd. Vs. Navilan Merchants Pvt. Ltd. And Ors

Court : Supreme Court of India

..... he has taken inordinate time to do so. in our view, the impugned judgment is wrong on principle.5) order vii rule 11 of the code of civil procedure, 1908 which reads as follows: 11. rejection of plaint.- the plaint shall be rejected in the following cases:- (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff ..... 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 plaint as a whole, as no cause of action would remain against the other defendants. this cannot elevate itself into a rule of law, that once a ..... 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 the following terms:- there is no provision in the civil procedure code for the rejection of a plaint in part, and the note recorded by the trial court does not, therefore, amount to the ..... be that if any of the defects mentioned therein is found to exist in any case, the plaint shall be rejected as a whole. it does not imply any reservation in the matter of the rejection of the plaint. non-compliance with the requisites of s. 80, civil procedure code, was taken to be a ground covered by cl. (d) of r. 11, above referred to. even .....

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Nov 10 1952 (SC)

Nemi Chand and anr. Vs. the Edward Mills Co. Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR1953SC28; 1953(1)BLJR115; (1953)IMLJ117(SC); [1953]4SCR197

..... , rule 11, civil procedure code, provides as follows :- 'the plaint shall be rejected - (b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to ..... within a time to be fixed by the court, fails to do so.' 14. an order rejecting a plaint is a decree as defined in section 2, sub-section (ii), and is appealable as such. there is an apparent conflict between the provisions of the code of civil procedure and the provisions of section 12 which make the order relating to valuation final and efforts ..... be fixed by the court, fails to do so;...... (d) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, ..... chapter on a plaint or memorandum of appeal shall be decided by the court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.' 13. the provisions of this section have to be read and construed keeping in view the provisions of the code of civil procedure. order vii .....

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Dec 12 1991 (SC)

Sujir Keshav Nayak Vs. Sujir Ganesh Nayak

Court : Supreme Court of India

Reported in : AIR1992SC1526; JT1992(1)SC134; 1992(1)KLT283(SC); 1991(2)SCALE1359; (1992)1SCC731; [1991]Supp3SCR409; 1992(1)LC240(SC)

..... have already been extracted earlier. sub-section (2) of section 36 of kerala act amply safeguards the interest of revenue. similar provisions exist in central act. but under civil procedure code plaint is liable to be rejected under order 7 rule 11 if it is under-valued. how to reconcile the two provisions, the one leaving it to absolute discretion of plaintiff to value the ..... suit as he considers proper and the other to reject a plaint if it is under-valued. for this it is necessary to examine the scheme disclosed in the civil procedure code relating to filing of suit. section 15 of the civil procedure code (hereinafter referred to as 'c.p.c.'). provides that any suit shall be instituted in the ..... place any valuation whatever in such relief.' but that was a case of limited pecuniary jurisdiction in which the defendant could object as arbitrary under-valuation could result in rejection of the plaint. such right should be denied in suits of unlimited jurisdiction for more than one reason. a defendant, as observed by the privy council in r.s.jadhav desai ..... for dissolution of partnership and accounting filed in courts of limited pecuniary jurisdiction the plaintiff must take every care to disclose valuation which is not arbitrary as the plaint is liable to be rejected on objection of the defendant. but in suits of such nature filed before courts of unlimited jurisdiction the valuation disclosed by the plaintiff may be accepted as correct .....

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Jul 13 1988 (SC)

Commercial Aviation and Travel Company and ors. Vs. Vimla Pannalal

Court : Supreme Court of India

Reported in : AIR1988SC1636; JT1988(3)SC41; (1988)94PLR288; 1988(2)SCALE1; (1988)3SCC423; [1988]Supp1SCR431; 1988(2)LC354(SC)

..... be valued on such hope, surmise or conjecture.9. in this connection, we may refer to the provision of order vii, rule ii(b) of the cpc, which provides, inter alia, that the plaint shall be rejected where the relief claimed is undervalued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by ..... the valuation of the suit. it was contended by them that the relief sought for in the suit had been grossly undervalued and the court should reject the plaint under order vii, rule 11(b) of the cpc. the learned single judge of the high court overruled the said preliminary objection and held that the suit was not undervalued. on appeal by the ..... the plaintiff to correct his valuation within a time to be fixed by the court. if the plaintiff does not correct the valuation within the time allowed, the plaint is liable to be rejected. the question is whether in a suit for accounts simpliciter, the court can come to a finding as to the proper and correct value of the relief until ..... whereby the division bench affirmed the judgment of a learned single judge of that court rejecting the contention of the appellants that the suit was undervalued by the plaintiff-respondent and, accordingly, the plaint should be rejected under clause (b) of rule 11 of order vii of the cpc.3. the respondent, who is the plaintiff, has filed a suit against the appellants, inter .....

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Jul 01 2015 (SC)

Indian Performing Rights Society Ltd. Vs. Sanjay Dalia and Anr.

Court : Supreme Court of India

..... it had sufficient ground for invoking the jurisdiction under section 134 of the trade marks act. the plaintiff filed an application seeking an amendment in the plaint under order 6 rule 17 of the code of civil procedure so as to indicate how the court at delhi would have the jurisdiction. the magazine is sold and circulated to the subscribers at delhi. the application ..... on the business in commercial quantities in delhi and have authorised agents also. the pleadings of plaintiff have to be taken into consideration at the time of rejection of the plaint under order vii rule 11 cpc. it was observed on averments made that the delhi high court possessed territorial jurisdiction to entertain the suit as plaintiff carried on business at delhi. (e ..... aspects are irrelevant for deciding the territorial jurisdiction. it is not the convenience of the lawyers or their expertise which makes out the territorial jurisdiction. thus, the submission is unhesitatingly rejected.46. it was also submitted that the suit may be ordered to be transferred to delhi. we cannot order transfer of suit in these proceedings. in case parties so desire ..... sense of the words should not only be great but should also be what he calls an absurd inconvenience . moreover, individual cases of hardship or injustice have no bearing for rejecting the natural construction, [young & co. v. leamington spa corporation, (1993) 8 ac517, and it is only when the natural construction leads to some general hardship or injustice and some .....

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Feb 28 2000 (SC)

M/S. Haldiram Bhujiawala and Another Vs. M/S. Anand Kumar Deepak Kumar ...

Court : Supreme Court of India

Reported in : AIR2000SC1287; 84(2000)DLT301(SC); JT2000(2)SC596; (2000)IIMLJ159(SC); 2000(2)SCALE177; (2000)3SCC250; [2000]1SCR1247; 2000(1)LC603(SC)

..... judge dated 2-11 1999 in ia 5996/99 in suit no. 635/92. the ia was filed under order 7, rule 11, cpc by the appellants for rejection of the plaint filed by two plaintiffs, anand kumar deepak kumar trading as haldiram bhujiawala and shiv kishan agarwal, on the ground that the 1st plaintiff was ..... and (3) for destruction of the material etc.4. as we are dealing with a matter arising under order 7, rule 11, cpc, it will be necessary to refer to the plaint allegations. one ganga ram alias haldiram, carried on business in the name haldiram bhujia wala, since 1941. in 1965, he constituted a ..... and a sum of rs. 6 lakhs is payable as damages.5. the defendants, as already stated, have filed the application under order 7, rule 11, cpc pleading section 69(2) of the partnership act, 1932 as a bar to maintainability of the suit. the learned single judge dismissed the application after referring to ..... firm's business transactions.20. business names act, 1985 has replaced the above act of 1916 and section 4 of the new act refers to the 'civil remedies for breach of section 4'. it provides for dismissal of the action 'to enforce a right arising out of a contract made in the course of ..... or partner concerned; but, following the english precedent, any firm which is not registered will be unable to enforce its claim against third parties in the civil court; and any partner who is not registered will be unable to enforce his claims either against third parties or against fellow partners.it will be noticed .....

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