Order 7 Rule 11 CPC Archives

Plaint must be considered alongside its relied documents to determine whether it discloses cause of action: Delhi HC

“The phrase “does not disclose the cause of action” must be very narrowly construed. The rejection of plaint at the threshold entails very serious consequences. This power must be exercised only in exceptional circumstances and when the Court is sure that plaintiff does not have any arguable case at all.”

Case Briefs High Courts

Court Fee must be paid on sale consideration when declaratory suit involves title based on agreement to sell: MP High Court

“Where the plaintiff attempts to under-value the plaint and reliefs, the Court has to intervene.”

Case Briefs High Courts

‘Child becomes unintended victim in custody battles’: Gujarat HC refuses relief to father who claimed custody after previously agreeing to give child to mother

“When the parents are in conflict, the child’s well-being should remain of paramount concern, the Court must ensure that the minor child is not treated as an object to be passed back and forth, but rather a person whose stability and security must carefully be protected.”

Case Briefs High Courts

Minor defects in Nomination Forms not substantial enough to affect Election Result: MP High Court

“The petitioners have not averred as to how the result of the returned candidate can be affected by minor deficiencies. Thus, the petitioners have failed to make out any cause of action.”

Case Briefs High Courts

MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC

Madhya Pradesh High Court: Rohit Arya, J., dismissed a revision petition which was filed after the dismissal of Petitioner’s application under Order

Case Briefs High Courts

[Defamation] Madras HC | “Presence or absence of evidence not a matter to be decided in Or. 7 R. 11 CPC application”: Challenge to Isha Foundation’s defamation suit against media entity rejected

Madras High Court: R. Subramanian, J., refused to allow the application filed by Sathiyam Media praying for rejection of plaint filed by

Case Briefs High Courts

Raj HC | Petitioner failed to point out any averment or omission in eviction application that might invite application of Or. 7 R. 11 CPC: Court dismisses petition

Rajasthan High Court: Mahendar Kumar Goyal, J., dismissed a writ petition which was filed aggrieved by the order of the Rent Tribunal

Case Briefs High Courts

MP HC | Plaint filed under Or. 7 R. 11 CPC can be rejected based on grounds mentioned in Rule 11 or if the cause of action has not been disclosed

Madhya Pradesh High Court: Prakash Shrivastava, J., dismissed the revision petition filed by the respondents under Section 115 CPC where they challenged

Case Briefs High Courts

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

Delhi High Court: Pratibha M. Singh, J. allowed an application under Order 7 Rule 11 CPC filed by the defendant in the subject

Case Briefs High Courts

Utt HC | Barring an election petition for non-issue of notice to opposite party – beyond jurisdiction when prescribed authority did not frame an issue regarding S. 80 CPC

Uttaranchal High Court: Lok Pal Singh, J. dismissed a writ petition filed by a village pradhan challenging the order of District Court

Case Briefs High Courts

Raj HC | No material change reflected in the pleadings, thus petitioner barred to contend re framing of issues

Rajasthan High Court: The Bench of Dr Pushpendra Singh Bhati, J., dismissed the petition filed for mainly amendment of the issues framed

Case Briefs High Courts

Del HC | Plea taken by defendant in written statement is wholly irrelevant at the stage of deciding Or. 7 R. 11 CPC application

Delhi High Court: Vinod Goel, J. dismissed a petition impugning the order passed by Civil Judge whereby defendant’s application under Order 7 Rule 11

Case Briefs High Courts

Del HC | Wife can maintain S. 125 CrPC application even at a place where she is residing for time-being

Delhi High Court: The Bench of Sanjeev Sachdeva, J. dismissed a revision petition filed by the husband against the judgment of the trial

Case Briefs High Courts

Del HC | Day on which money was transferred to be excluded while computing period of limitation for filing recovery proceedings

Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J. dismissed a petition against the order of District and Sessions Judge,

Case Briefs Supreme Court

Limitation Act not applicable on election petition; appeal filed after the period prescribed under Haryana Panchayati Raj Act held barred by limitation: SC

Supreme Court: The Bench comprising of CJ Dipak Misra and Dr D.Y. Chandrachud, J. held that the election petition filed after the