Order VII Rule 11 CPC
Partition suit pleading acquisition from joint family funds cannot be rejected at threshold, must go to trial: Delhi High Court
“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”
Remand after reversal of Rejection of Plaint creates entitlement to refund of Court fees: Delhi High Court
“Order XLI Rule 23 of the CPC envisages remand in a situation in which the suit was decreed by the Court of first instance on a preliminary point and the decree is reversed in appeal by the appellate court.”
‘Rejection of Plaint requires attentive application of mind, not routine action’: J&K & Ladakh HC upholds Trial Court order for Non-Disclosure of Cause of Action
“The essence of an application under Order VII Rule 11 CPC to terminate a civil action or to put an end to a litigation is an essential duty of a Civil Court so that further judicial time is not invested wastefully.”
Bombay HC dismisses appeal in property dispute between brothers over alleged fraudulent gift deed
“It was arguable that an educated person had executed a document which was registered and then claimed ignorance of the nature of the transfer, which could not be fathomed.”
‘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.”
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’.”
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.
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.
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.”
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,
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
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
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