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Showing posts with the label Order 7 Rule 11 CPC

Inordinate Delay & Laches on the part of the Plaintiff cannot be a Ground for Rejection of Plaint [SC JUDGMENT]

The Code of Civil Procedure, 1908 – Order VII Rule 11 – Rejection of Plaint - Merits and demerits of the matter cannot be gone into at this stage, while deciding an application filed under O.VII R.11 of the CPC.
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Plaintiff cannot claim Specific Performance along with Permanent Injunction [SC Judgment]

Civil Law - Permanent  Injunction & Specific Performance - Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and  vice versa -  a plaintiff cannot claim a relief of specific performance of agreement against the defendant on a cause of action on which he has claimed a relief of permanent injunction.  [Para 31 & 32]
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