Court : Allahabad
Reported in : 2005(1)AWC666; (2004)3UPLBEC2806
..... the election of the petitioner was liable to be declared void. the petitioner initially filed an application purporting to be under order vii, rule 11 (a) of the code of civil procedure for rejecting the plaint as it did not disclose any cause of action. the said application was dismissed by the election tribunal vide order dated 15th may, 2002. the writ petition filed by ..... jurisdiction under order vii, rule 11 can be exercised. the apex court has held that order vii, rule 11 of the code of civil procedure does not justify rejection of any particular portion of the plaint and order vi, rule 16 of the code is relevant in this regard. it deals with striking out pleadings. it has three clauses permitting the court at any stage of ..... or not are to be looked into for determining whether any cause of action has been disclosed in the plaint or not. this is relevant for the purpose of considering as to whether the plaint should be rejected outright under order vii, rule 11 of the code of civil procedure or not. this exercise has already been done by the election tribunal earlier when it had ..... rejected the application filed by the petitioner under order vii, rule ii of the code of civil procedure, which order has also been upheld by this court .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1997)117PLR565
..... this revision petition deserves to succeed. first of all it is necessary to notice the relevant provisions relating to rejection of plaint:'order 7 rule 11 of the code of civil procedure :11. the plaint shall be rejected in the following cases :-(a) where it does not disclose a cause of action;(b) where the relief ..... rejection of the plaint and on being alarmed by the adverse consequences to be followed in view of prayer made by the petitioner, the plaintiff hurriedly filed the requisite stamp paper even before any order could be passed on petitioners' application. to buttress the contentions, learned counsel referred to the provisions of order 7 rule 11 of the code of civil procedure ..... date extend the time by allowing the plaintiff's application seeking time to supply/file court fee/stamp papers.4. section 149 of the code of civil procedure empowers the court to grant time for making good the deficiency 'in its discretion' and the words 'in its discretion' have from time ..... no specific order in this regard was passed on that day. defendant suo moto appeared on 4.4.1991 and stated that the plaint should be rejected. on 8.4.1991 the plaintiff filed the requisite stamp fee. in view of all i hold that the plaintiff is not at ..... matter was adjourned to 11.4.1991 for consideration, apparently, on the application of defendant no.1 moved, on 4.4.1991 for rejection of plaint. trial court by its order dated 14.8.1991, which on a thorough reading appears to be a totally ambiguous and vague order, .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2007)4PLR148
..... one or more of the conditions specified under order vii rule 11 of the code of civil procedure are satisfied. order vii rule 11 of the code of civil procedure reads as under:rejection of plaint:the plaint shall be rejected in the following cases:(a) where ..... of sale agreement dated 4.12.2005, the petitioner-defendant ravi sharma filed an application under order vii rule 11 of the code of civil procedure for rejection of the plaint, inter-alia, on the following grounds:(i) that the plaint did not disclose cause of action in favour of the plaintiffs and against the defendants.(ii) the alleged agreement, the basis of ..... of the code of civil procedure, it can only constitute a triable issue. unless the plaint and documents annexed thereto, disclose apparent misrepresentation or fraud, no cognizance can be taken of the plea in the written statement for purposes of order vii rule 11 of the code of civil procedure. no such material has been brought to my notice. the plaint can only be rejected if ..... petitioner has made elaborate and detailed submissions.4. i have perused the impugned order, the/plaint and the application, copies whereof have been placed on the record of this revision petition.5.the expression cause of action has not been defined in the code of civil procedure. it also cannot be defined in a straight-jacket manner. however, the expression has .....Tag this Judgment!
Court : Delhi
Reported in : 124(2005)DLT305
..... singh and : 2005(80)drj120 , rajiv oberoi and ors v. santosh kumar oberoi and ors. to contend that he could file the application under order 7 rule 11 of code of civil procedure for rejection of plaint without filing written statment, the applicant has relied on : supp5scr491 , saleem bhai and ors. v. state of maharashtra and ors.7. i have heard the learned counsels ..... his brother against him and his sisters, without filing the written statement, filed the application under 7 rule 11 read with section 151 of code of civil procedure for rejection of the plaint.2. the defendant/applicant has sought rejection of the plaint of the plaintiff on the ground that the plaintiff has paid a fixed court fees of rs. 20.00 only though the case of ..... possession of the property is liable to pay ad valorum court fees on his share.13. the other plea of the plaintiff that the application for rejection of plaint under order 7 rule 11 of the code of civil procedure should not be considered as the defendant no. 1 has not filed the written statement and the application has been filed with a view to ..... plaintiff also sought dismissal of the application on the ground that without filing the written statement the defendant could not maintain the application for rejection of the plaint under order 7 rule 11 of the code of civil procedure.4. the plaintiff has relied on : (2004)1scc271 , md. mohammd ali (dead) by lrs v. jagdish kalita and ors.; : 2scr307 , neelavathi and ors. v. n .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1963Raj106
..... communications and so on and so forth. see order ix rule 9, c. p. c. similarly where a plaint discloses no cause of action, the code of civil procedure provides that the court shall reject the plaint (see order vii rule 113 but not that the suit be dismissed and in such a case it would be ..... no cause of action whatever. in such and similar eases, the suit has to be either dismissed or the plaint has to be rejected as the case may be. but even here the code of civil procedure has thought fit to make provisions which would give relief where such relief is called for,thus where a suit ..... statement of their claim or had failed to move a proper application for amendment of the plaint. would the trial court be justified in dismissing the suit in a situation like this under section 151 of the code of civil procedure? now there can be no two opinions that speaking as a rule, it is the ..... would also take the opportunity of drawing the attention of the courts below to the salutary provision contained in order vi rule 17 of the code of civil procedure which allows the court at any stage of the proceedings to permit either party to alter or amend his pleadings in such manner and on ..... i am definitely of the opinion that there should be no vagueness or incompleteness about the subject-matter of the plaint and that the court of first instance had acted rather arbitrarily in rejecting these applications and the action taken by it cannot be defended on any sound judicial principle, and i further desire .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1957Raj97
..... , ilr 29 all 325 (c). in that case it was held that under section 54 of the code of civil procedure a court cannot reject a plaint in part. the facts there also were that the court rejected the claim in the plaint for an alternative relief. the plaint was not rejected as against a particular defendant.6. these cases, therefore, show that it is not open to a ..... appealable.under section 2(2) of the code of civil procedure, a decree includes an order rejecting a plaint and as the rejection of a plaint is a decree, it is naturally appealable under section 98 of the code. learned counsel for the applicant, however, urges that this is not an order rejecting a plaint and his argument is that an order rejecting a plaint contemplated by order 7, rule 11 of ..... the civil procedure code is an order by which the plaint is .....Tag this Judgment!
Court : Chennai
Reported in : 2008(5)CTC792; (2009)1MLJ1174
..... .12. in the decision, palanisami, n v. a. palaniswamy reported in : 1998(3)ctc165 this court has held that an order rejecting the plaint is a decree, against which appeal lies under section 96 of the code of civil procedure and hence, revision is not maintainable under article 227 of the constitution. mr. d. ravichander, learned counsel appearing for the respondents relying ..... cited supra), a decree under section 2(2) of the code of civil procedure is appealable and an order rejecting the plaint is a decree under section 2(2) cpc and hence against the order, appeal lies under section 96 of the code of civil procedure and therefore, revision is not maintainable, if it is an order rejecting the plaint. here in the instant case, admittedly, the court below ..... has not rejected the plaint, instead returned the plaint, after deciding the issues 1 to 3 holding that the first respondent is a public trust and filing ..... three issues, i am of the view that it is not an appealable decree, as contemplated under section 2(2) of the code of civil procedure. therefore, the impugned order passed by the court below returning the plaint after deciding three issues leaving six other issues, without any finding cannot be construed as an appealable decree, as contemplated under section 2 .....Tag this Judgment!
Court : Chennai
Reported in : (2002)2MLJ823
..... of the matter, this court desires to consider that issue first, before considering the other issues that arises for consideration.9. order vii rule 11 of code of civil procedure deals with rejection of plaint. once the plaint is rejected, then obviously nothing is pending before the court. that order is formal expression of an adjudication, which so far as regards the court expressing it, ..... herein. the above revision has been preferred against the order allowing i.a.1094 of 2000, petition filed under order vii rule 11 read with section 151 of code of civil procedure rejecting the plaint.2. petitioner as plaintiff filed the above suit against the respondents herein on the file of subordinate court, coimbatore, praying the court to grant a decree for specific ..... pending disposal of the suit, respondents/ defendants filed an application in i.a.1094 of 2000 under order vii rule 11 read with section 151 of code of civil procedure, praying the court to reject the plaint for the reasons stated in the affidavit filed in respect of the said application. the defendants disputed having delivered possession of entire extent of 88.86 acres ..... clearly ruled that both from the section and those decisions it is clear that only appeal will lie against rejection of plaint and it is not limited to such cases wherein the plaint was rejected for the reasons stated under order vii, rule 11 of code of civil procedure.in a recent ruling of this court reported in (nesammal and another v. edward and another) a .....Tag this Judgment!
Court : Kolkata
Reported in : (2002)3CALLT208(HC)
..... of murder by the husband was prayed for, but also the damage and compensation based on tort also was prayed. under order 7 rule 11 of code of civil procedure, the court enjoins the power to reject the plaint when it does not disclose any cause of action. in the instant case, it appears that there are different cause of actions to file the suit ..... learned assistant district judge, 7th court at alipore, district south 24-parganas in the said title suit whereby prayer for rejection of the plaint under order 7 rule 11 of the code of civil procedure filed by the defendant nos. 1 and 2 was rejected. this revision application raised a very nice legal question about interpretation of the statutory provision as laid down under section 25 ..... of the opposite party that in adjudicating the application under order 7 rule 11 of the code of civil procedure, the averments in the plaint must be considered in its face value and when the plaint prima facie satisfies the test of cause of action, the plaint will not be rejected. reliance is placed to the judgments passed in the case british airways v. art works export ..... , on several prayers and with different facts. for rejection of a plaint under order 7 rule 11 of the civil procedure code, the plaint prima facie to be considered for determining the .....Tag this Judgment!
Court : Delhi
..... defendants enjoy goodwill and reputation throughout the country ." 4. i.a. 13661/2009 has been filed by the defendants under order vii rules 10 and 11 of the code of civil procedure for rejection of the plaint on the ground that this court has no territorial jurisdiction to try this suit as no cause of action arose within the jurisdiction of this court.5. i ..... view on the issue of jurisdiction without giving opportunity to the parties to lead evidence in this regard.11. order vii rule 11 of the code of civil procedure, which provides for rejection of plaint, to the extent it is relevant, empower the court to reject the plaint where it does not disclose a cause of action or where the suit appears from the statement in the ..... of action did not arise in the territorial jurisdiction of this court, it would not be a case of the plaint not disclosing a cause of action and, therefore would not entail its rejection under order vii rule 11(a) of the code of civil procedure. in such a case, the court, in view of the provisions contained in order vii rule 10 of the ..... code of civil procedure, is required to return the plaint to the plaintiff to present it to the court in which the suit should have .....Tag this Judgment!