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Documents citing Ashok Chauhan vs Amri Bai And Another on 3 May, 2010

Smt Dev Bai vs Additional Civil Judge Kota on 10 February, 2012

The other judgments relied upon by the learned counsel for the respondents are also not applicable to the facts of the present case inasmuch as in the case of Ashok Chauhan vs Smt. Amri Bai and Anr(supra), this court had returned the plaint under Order VII Rule 10 of CPC on the ground that the Civil Court had no jurisdiction and the same was not rejected under Order VII Rule 11. It is needless to say that the issue whether the civil court has jurisdiction or not in respect of the reliefs claimed by the petitioner-plaintiff could be decided at the time of the trial of the suit, when both the parties will have opportunity to lead their respective evidence. Further, the plaint cannot be rejected on the ground of jurisdiction under Order VII Rule 11 (d) of CPC. For rejecting the plaint under Order VII Rule 11(d) it should appear from the statements made in the plaint that the suit is barred under a particular law.
Rajasthan High Court - Jaipur Cites 7 - Cited by 1 - B M Trivedi - Full Document
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