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Saturday, 8 October 2011

Code of Civil Procedure, 1908 (V of 1908)

Order 7 Rule 11 – Rejection of plaint -- Whether family settlement requires registration or admissible (or otherwise) in evidence or whether it is forged document, would be the moot points to be finally decided by the trial Court on the basis of evidence brought on record by the parties in order to substantiate their respective stands -- Objections/issues raised by the defendant in the application under Order 7 Rule 11 CPC, can only be decided on the basis of evidence brought on record by the parties and not otherwise -- Plaint can only be rejected if it squarely falls within the ambit and four corners of Order 7 Rule 11 CPC and not otherwise – Trail court rejected application – Revision against trial court order dismissed. Lt. Col. Hargobind Singh (Retd.) v. Mr.Hargursharan Singh, 2011(2) L.A.R. 433 (P&H).
Order 7, Rule 11 (c) – Deficit Court fees -- Whenever the plaint is not properly stamped, the Court shall give one opportunity to the plaintiff to supply the requisite stamp paper and the plaint can be rejected only if the plaintiff fails to do so. Jarnail Singh v. Sanjiv Kumar, 2011(2) L.A.R. 424 (P&H).
Order 7, Rule 11 (c) – Deficit Court fees -- Plaintiff moved application with the plaint for seeking time to pay the court fee and the trial court passed order requiring the plaintiff to make good the court fee on the next date fixed and the plaintiff accordingly complied with the order and paid the court fee -- Consequently Order 7 Rule 11 (c) CPC was duly complied with and therefore, there was no occasion for rejecting the plaint or for dismissing the suit as time barred. Jarnail Singh v. Sanjiv Kumar, 2011(2) L.A.R. 424 (P&H).

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