Order VII Rule 11 CPC Archives

specific performance unregistered conveyance deed

‘Plaint failed to disclose cause of action and was barred by limitation’; Bombay HC dismisses suit for specific performance of draft conveyance deed

“Under Section 54 of the Transfer of Property Act, 1882, there is a requirement of consensus ad idem between the Parties with respect to the fundamental terms of the sale.”

Case Briefs High Courts

S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’: Rajasthan High Court

“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”

Case Briefs High Courts

Compliance with Section 16 of Carriage by Road Act a pre-condition for instituting suit for consignment loss: Rajasthan High Court

A valid notice under Section 16 of the Carriage by Road Act, 2007 must explicitly outline the cause of action, damage, loss, and relief sought.

Case Briefs Supreme Court

Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC

Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.

Case Briefs High Courts

Calcutta High Court upholds rejection of Order VII Rule 11 CPC application despite disclosure of Cause of Action through ‘clever drafting’

Calcutta High Court stated that “Order VII, Rule 11 is applicable to the plaint which does not disclose cause of action and not the cases where the plea is non-existence of cause of action.”

Case Briefs High Courts

Law on Rejection of Plaint | Contents of plaint or Examining sufficiency of plaint? Del HC explains the bounden duty of Court

Delhi High Court: Prateek Jalan, J., expressed that, For the purposes of an order under Order VII Rule 11 of the CPC,

Case Briefs High Courts

Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must

Case Briefs High Courts

Defendant making payments towards amount claimed does not vanish cause of action; rejection of plaint under Order VII Rule 11 CPC reversed: Del HC

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J. allowed an appeal filed against the order of the trial court

Case Briefs High Courts

High Court refuses to invoke revisional jurisdiction as impugned plaint doesn’t suffer from any irregularity

Rajasthan High Court: The petitioner aggrieved by an order of rejection of his application under Order VII Rule 11 CPC by the Senior