How to Identify Law Points from a Plaint in India

The plaint is innocent of any alternative suggestion of vicarious malice. ... There is, however, no statement in the plaint that Joseph Pieris prosecuted the plaintiff maliciously or otherwise, or that in doing so he was the defendant's agent, or that the defendant was liable for his act; and no issue was settled or evidence taken on any of those points. ...     No issues were settled on these points, and no findings....

2021 0 Supreme(Mad) 38

Hence, I find out except the question of valuation none of the points raised by the 14th defendant comes under purview of rejection of the plaint under Order 7 Rule 11 of C.P.C. 20 (a). ... Hence, at this stage, whether the plaint averments are proved in the manner known to law is for matter for trial. ... Non-filing of duplicate plaint and other points raised by the pe....

2021 0 Supreme(Mad) 403

Hence, I find out except the question of valuation none of the points raised by the 14th defendant comes under purview of rejection of the plaint under Order 7 Rule 11 of C.P.C. 20 (a). ... Hence, at this stage, whether the plaint averments are proved in the manner known to law is for matter for trial. ... Non-filing of duplicate plaint and other points raised by the pe....

2024 Supreme(Online)(MAD) 12350

In such circumstances, I do not find any error of law in the order passed by the Trial Court. 7. ... It is settled law that while considering the application for rejection of plaint, the Court is guided by the averments found in the plaint and it cannot refer to the documents relied on by the defendant seeking rejection of plaint. ... Therefore, the fact remains that the petitioner faile....

Madras

Hence, I find out except the question of valuation none of the points raised by the 14th defendant comes under purview of rejection of the plaint under Order 7 Rule 11 of C.P.C. 20 (a). ... From the order passed by the trial Court, I find that cross examination of P.W.1 has also been over. Hence, at this stage, whether the plaint averments are proved in the manner known to law#HL....

2023 Supreme(Online)(MAD) 10333

All the points have to raised before the trial Court. Hence, this Court do not find any reason to interfere with the impugned order passed by the trial Court. 9. ... Therefore, the calculation made by the respondent/Bank for filing this suit was hit by law of limitation. It is settled principle that while deciding the application for rejection of plaint, the plaint alone, a needs to be taken into consider....

2022 Supreme(Online)(MAD) 38699

It is settled law while considering petition filed under Order 7 Rule 11 of C.P.C., the Court below should see only plaint averments and the documents filed along with the plaint. ... and abuse of process of law and Court. ... Therefore, it will amount to abuse of process of law and Court. It is stated that the present suit is a re-litigation on the part of the respondent. The revision petitioners also r....

2025 Supreme(Online)(Guj) 7948

as under: “(4.1) Whether the judgment of the Appellate Court is tenable in the eyes of law in absence of framing of the points as per Order 41 Rule 31 of C.P.C.? ... The defendant appeared in the said suit and filed application under the provisions of Order VII Rule 11 of the CPC and after considering the plaint and the documents annexed with the plaint, the Trial Court rejected the said suit being barred by law#....

2023 Supreme(Online)(Kar) 32782

The learned trial Court after hearing both the sides by raising the points for consideration with regard to cause of action, has answered the said points for consideration in the affirmative and rejected the plaint vide order dated 1.6.2018. ... We do not find any legal infirmity or factual error in rejecting the plaint. No grounds have been made out by the plaintiffs to interfere with the order of rejec....

Madras

All the points have to raised before the trial Court. Hence, this Court do not find any reason to interfere with the impugned order passed by the trial Court. 9. Accordingly, the Civil Revision Petition is dismissed. ... the statement in the plaint to be 2/8 https://www.mhc.tn.gov.in/judis CRP.No. 2743 of 2023 barred by law of limitation and striking off the entire pleading in the plaint.....

2020 0 Supreme(Bom) 249

Apex Court points out how the allegations of fraud may raise complex questions of law & facts. A. Paramsivam and others -(2016) 10 SCC 386, in paragraph 25, the Hon. Thus it holds that to decide such questions, the civil court is the appropriate forum and not the arbitrator. According to petitioners NCLT can not be said to be the apt forum for considering alleged fraud on part of CA.

2018 0 Supreme(Guj) 1220

I, at pp. 15 and 16 points out how the idea of schools of Hindu Law arose. Says he : "As early as the seventh century A.D. we find Kumarila declaring that while the Smriti of Manu is regarded as binding throughput Aryavarta all other Smritis have a limited jurisdiction; and from what he says in a subsequent passage it is clear that the limitation, in the jurisdiction was not territorial; it rested upon the diversity of the Shakhas of Recensional Texts of the Vedas, the follow....

2018 0 Supreme(Guj) 1223

Says he : "As early as the seventh century A.D. we find Kumarila declaring that while the Smriti of Manu is regarded as binding throughput Aryavarta all other Smritis have a limited jurisdiction; and from what he says in a subsequent passage it is clear that the limitation, in the jurisdiction was not territorial; it rested upon the diversity of the Shakhas of Recensional Texts of the Vedas, the followers of different Shakhas accepting different Smritis for their supreme authority. This seems ....

2016 0 Supreme(Guj) 728

It has, therefore, to be exercised stringently depending on the facts of each case. The defence put up of the defendant or the stand adopted in the application for the rejection of the plaint cannot be looked into. The recitals in the plaint, and plaint alone, are to be examined. The averments made in the plaint are to be read as a whole to find out whether the plaint discloses a cause of action or is barred under any law.

2016 0 Supreme(Bom) 218

This is made clear by Hon'ble Apex Court in the case of Hardesh Ores P. Ltd., (2007) 5 SCC 614, when it said in para 25 thus : “25. Now, it is well settled that the expression “barred by any law” used in clause (b) of Rule 11 of Order 7 must include the law of limitation as well and, therefore, the plaint can be rejected under this provision on the ground of bar of limitation also. So, it would have to be seen only from the averments made in the plaint and reading them as a whole as ....