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Showing posts with label O 7 R 11 of CPC. Show all posts
Showing posts with label O 7 R 11 of CPC. Show all posts
Saturday, 30 May 2026

Bar to Sue vs Suit Barred by Law: Supreme Court Clarifies Why Order II Rule 2 Cannot Be Used to Reject a Plaint under Order VII Rule 11(d)

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S. Valliammai and Ors. Vs. S. Ramanathan and Ors. Hon'ble Judges/Coram: B.V. Nagarathna and Ujjal Bhuyan, JJ. Author: B.V. Nagarathna, J...

Supreme Court: Plaint Can't Be Rejected Under Order VII Rule 11 of CPC as Barred Under Order II Rule 2 CPC

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5.21. We think that in a case where Order II Rule 2 of the Code applies, there is no legal bar to filing a suit but the reliefs sought for o...
Sunday, 24 May 2026

Supreme Court: A fresh application seeking a rejection of a plaint, having the same substantive issue, is not maintainable despite being filed by a different applicant.

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The High Court, in the impugned order, sought to avoid the application of res judicata on the ground that the first application was filed by...
Sunday, 10 May 2026

Rejecting Benami Claims at the Threshold: Supreme Court’s 08.05.2026 Order VII Rule 11 Judgment Critically Examined

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  Executive overview In its judgment  MANJULA AND OTHERS Vs    D.A. SRINIVAS   2026 INSC 465    dated 8 May 2026, the Supreme Court has ...

Supreme Court: A plaintiff arraigned as the principal accused in the murder of a testator is prima facie disqualified from claiming succession rights under that testator's Will

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  25.5. Section 25 of the Hindu Succession Act provides that a person who commits murder or abets the commission of murder shall be disquali...
Sunday, 12 October 2025

Allahabad HC: Ordinary residence of child for the purpose of S 9 of Guardian and wards Act is mixed question of law and fact and it can not be decided in application for rejection of plaint

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 In the instant case, the factum of 'ordinary residence' of the minor is a disputed question of fact and thus, the question whether ...
Sunday, 26 January 2025

Supreme Court: Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit

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 In S. Nazeer Ahmed v. State Bank of Mysore and Ors. reported in   MANU/SC/7017/2007 : 2007:INSC:34 : (2007) 11 SCC 75, this Court categoric...

Supreme Court: Defendant must file pleadings of previous suit to prove the identity of the cause of action in the two suits so as to bar second suit as per O 2 R 2 of CPC

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In order that a plea of a Bar Under Order 2 Rule 2(3) of the Code of Civil Procedure should succeed the Defendant who raises the plea must m...

Supreme Court: Whether plaintiff will be barred to file second suit on the cause of action if he was not entitled to said relief at the time of filing of first suit?

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V. The "entitlement to" along with the "availability of" the relief as a requisite in determining the applicability of O...
Saturday, 25 January 2025

Supreme Court: Plaint With Multiple Reliefs Cannot Be Rejected under O 7 R 11 of CPC Just Because Some Reliefs Are Barred

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Even if we would have been persuaded to take the view that the third relief is barred by Section 17(3) of the SARFAESI Act, still the plaint...
Sunday, 19 January 2025

Whether the court can direct striking out of pleading if suit is partly not maintainable?

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We are afraid that this is a misreading of the Madras High Court judgment. It was only on the peculiar facts of that case that want of Secti...
Sunday, 21 July 2024

Supreme Court: Plaint is liable to be rejected if there is violation of S 12-A of The Commercial courts Act for Pre-institution mediation

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 The seminal question which arises for consideration is whether the statutory pre-litigation mediation contemplated Under Section 12A of the...
Monday, 17 July 2023

Whether the court can reject plaint if plaintiff has not claimed appropriate reliefs?

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  W e h ave taken note that the grievance essentially put forth by the respondents for which an application under Order VII Rule 11 was file...
Sunday, 21 May 2023

Under which circumstances the court can reject the plaint as barred by limitation?

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The trial court must remember that if on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the s...
Thursday, 13 October 2022

Whether the court should reject the plaint if there is no specific pleading regarding fraud?

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7.7  Even the averments and allegations with respect to knowledge of  the plaintiffs averred in paragraph 19 can be said to be too vague.  N...
Friday, 18 March 2022

Whether a party must pay Ad Valorem Court-Fees in Suit For recovery of Compensation And Damages?

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    The moot question for consideration is whether the suit in question as framed was a money suit for compensation/damages falling under Cl...
Friday, 24 September 2021

Should the court reject the plaint if the caretaker of the property claims an interest in the property against the owner of the property?

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  The respondent no.1-plaintiff filed a suit with the following prayer: a) for a declaration that the plaintiff is a lawful occupier as care...
Sunday, 1 November 2020

Whether pendency of an application for rejection of plaint operates as stay to filing of written statement?

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A perusal of the impugned order shows that the time for filing of the written statement has been granted without taking into consideration t...
Wednesday, 28 October 2020

Whether court should return court fees to plaintiff if plaint is rejected?

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  In a case of return of plaint under Order VII Rule 10 invariably the plaint and the court-fee stamps on which also some part of the plaint...
Friday, 31 July 2020

Whether the court should reject plaint if the issue of limitation is a mixed question of law and fact?

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 It is clear from a perusal of the aforesaid judgment that the policy of the section 14 of the Limitation Act is to afford protection to a...