against the orders of the Debt Recovered Tribunal and
Appellate Tribunal rejecting the application of the
appellant filed under Order 7 Rule ... Before the said Tribunal the
appellant filed an application under order 7 Rule 11 of the
Civil Procedure Code for rejecting the plaint
judgment and order of the High Court as well as the order of the
trial Court, dismissing the application under Order 7 Rule ... order passed by the High Court dated
12.03.2013 as well as the order passed by the Munsif, Danapur
rejecting the Order 7 Rule 11 application
2008.
7
(iii) In order to reject a plaint for the suit being barred by any law under Order 7
Rule 11(d), the court ... Order 7 Rule 11 of the Code is one, Order 14 Rule
2 is another.
22. For the purpose of invoking Order 7 Rule
March 6, 1986 rejecting the appellant's election petition under Order 7 Rule 11 of the CPC .
2. Briefly the facts giving rise ... framed thereafter respondent made an application for rejecting the election under Order 7 Rule 11 CPC on the ground that it disclosed no cause
Code of Civil Procedure, 1908 (5 of 1908), Sch.I, Order 7, Rule 10.] and make such order with respect to costs as it deems
Application No. 298/98)
filed by the respondent under Order 6 Rule 16 and Order 7
Rule 11 of the Code of Civil Procedure ... also
submitted that the election petition be dismissed under
Order 6 Rule 16 and Order 7 Rule 11 of the Code. On the
same
trial court.”
It is clear that in order to consider Order 7 Rule 11, the
court has to look into the averments in the plaint ... 7 of
the said decision , this Court has succinctly restated the legal
position as follows:
“7. The plaint can be rejected under Order 7 Rule
principle engrafted under Order VII Rule 11(d) C.P.C ., the Court has held
thus:-
“21. Order 7 Rule 11(d) of the Code ... Order 7 Rule 11 of the Code is one,
Order 14 Rule 2 is another.
22. For the purpose of invoking Order 7 Rule
case to exercise
powers under Order 7 Rule 11(d) of the CPC .
7. We have heard the learned Advocates appearing on behalf ... Court has observed and held as under:
“7. The plaint can be rejected under Order 7 Rule 11 if
conditions enumerated in the said provision
Venugopal, JJ) held that while deciding application under Order 7 Rule 11 CPC , for rejection of the plaint, the Court has to consider the pleadings ... Property , reported in (1998) 7 SCC 184, the Hon'ble Apex Court has held that under Order 7 Rule 11 (d) CPC , the Court