P&H - Dismissal of application of rejection of plaint upheld by trial court as Only Plaint Averments Matter At Order 7 Rule 11 Stage

Civil Procedure Code, 1908, O.7.R.11 — Rejection of plaint — Scope and test — Only averments in plaint and documents annexed therewith are to be taken into consideration to find out whether plaint discloses cause of acution or not or whether same is barred by...

Civil Procedure Code, 1908, O.7.R.11 — Rejection of plaint — Common passage/parking — Even though first floor stands in name of the plaintiff’s mother, plaintiff using the parking space and aggrieved by obstruction by defendant - Plaint as filed seeking declaration that the iron gate...

Civil Procedure Code, 1908, S.80, O.7.R.11 — Notice to public authorities and non-joinder — Iissue of non-service of notice u/s.80 CPC upon public authorities and non-joinder, who are defendants, is matter between plaintiff and those authorities and does not defeat the plaintiff’s claim against defendant...

Civil Procedure Code, 1908, O.7.R.11 — Rejection of plaint — Common passage/parking — Plaintiff mother purchased first floor with one car parking space on ground floor - Where obstruction to use of common passage/parking is alleged on account of installation of an iron gate, a...