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1 - 8 of 8 (0.22 seconds)The Code of Civil Procedure, 1908
T. Mohanraj vs Akila Thiruvidancore Siddha Vaidhya ... on 17 August, 2011
If these three aspects are eliminated from the line of consideration, then
there is no other aspect that would justify rejection of the plaint under Order
VII Rule 11(d) CPC. Reliance was also placed on the ratio in Vaish
Aggarwal Panchayat Vs.Inder Kumar and Others [(2020 12 SCC 809];
State of Andhra Pradesh Vs.B.Ranga Reddy (Dead) by Legal
Representatives and Others [(2020) 15 SCC 681]; Nakkheeran
Publications Vs.Dhyanapeeta Charitable Trust [2010 (5) CTC 318];
Venutal Motiram Ghongde Vs. Sadashiv Parashramji Madghe and others
[AIR 1975 Bom 68]; Popat and Kotecha Property Vs. State Bank of India
11/17
https://www.mhc.tn.gov.in/judis
C.R.P.No.3925 of 2018
Staff Association [(2005) 7 SCC 510]; T.Mohanraj Vs. Akila
Thiruvidancore Siddha Vaidhya Sangam [2011 (3) MWN (Civil) 787].
Prem Kishore . vs Brahm Prakash . on 29 March, 2023
● Turning to the aspect of res judicata, it is true the plaintiff had filed a
few suits earlier, and that all of them were dismissed for default, but
10/17
https://www.mhc.tn.gov.in/judis
C.R.P.No.3925 of 2018
what is significant in the context of the doctrine of res judicata is that
no issue has yet been tried and decided to attain finality.
● Thirdly, when the plaintiff's possession is lawful and settled, is he not
entitled to maintain a suit for bare injunction, and hence the plaint can
be sustained to that exent, but a plaint cannot be rejected in part.
Reliance was placed on the authority of the Hon'ble Supreme Court in
Prem Kishore & Ors. vs. Brahm Prakash & Others [2023 SCC
Online SC 356].
The Limitation Act, 1963
Article 227 in Constitution of India [Constitution]
Popat And Kotecha Property vs State Bank Of India Staff Association on 29 August, 2005
If these three aspects are eliminated from the line of consideration, then
there is no other aspect that would justify rejection of the plaint under Order
VII Rule 11(d) CPC. Reliance was also placed on the ratio in Vaish
Aggarwal Panchayat Vs.Inder Kumar and Others [(2020 12 SCC 809];
State of Andhra Pradesh Vs.B.Ranga Reddy (Dead) by Legal
Representatives and Others [(2020) 15 SCC 681]; Nakkheeran
Publications Vs.Dhyanapeeta Charitable Trust [2010 (5) CTC 318];
Venutal Motiram Ghongde Vs. Sadashiv Parashramji Madghe and others
[AIR 1975 Bom 68]; Popat and Kotecha Property Vs. State Bank of India
11/17
https://www.mhc.tn.gov.in/judis
C.R.P.No.3925 of 2018
Staff Association [(2005) 7 SCC 510]; T.Mohanraj Vs. Akila
Thiruvidancore Siddha Vaidhya Sangam [2011 (3) MWN (Civil) 787].
Venutai Motiram Ghongde vs Sadashiv Parashramji Madghe And Ors. on 18 July, 1974
If these three aspects are eliminated from the line of consideration, then
there is no other aspect that would justify rejection of the plaint under Order
VII Rule 11(d) CPC. Reliance was also placed on the ratio in Vaish
Aggarwal Panchayat Vs.Inder Kumar and Others [(2020 12 SCC 809];
State of Andhra Pradesh Vs.B.Ranga Reddy (Dead) by Legal
Representatives and Others [(2020) 15 SCC 681]; Nakkheeran
Publications Vs.Dhyanapeeta Charitable Trust [2010 (5) CTC 318];
Venutal Motiram Ghongde Vs. Sadashiv Parashramji Madghe and others
[AIR 1975 Bom 68]; Popat and Kotecha Property Vs. State Bank of India
11/17
https://www.mhc.tn.gov.in/judis
C.R.P.No.3925 of 2018
Staff Association [(2005) 7 SCC 510]; T.Mohanraj Vs. Akila
Thiruvidancore Siddha Vaidhya Sangam [2011 (3) MWN (Civil) 787].
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