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    <title>2012 (7) TMI 1108 - Supreme Court</title>
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    <description>An application for rejection of plaint under Order VII Rule 11 CPC must be decided only on the averments in the plaint, and the defendant&#039;s written statement or other external materials are irrelevant to that inquiry. Applying that settled rule, the Court held that the grounds based on Order IX Rules 8 and 9 and Order XXIII Rule 1(3) and Rule 4(b) were not attracted because the earlier dismissal had been restored and the suits did not involve the same relief or property. The order remitting the matter for trial on all issues was therefore upheld, and rejection of the plaint was not warranted.</description>
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    <pubDate>Fri, 20 Jul 2012 00:00:00 +0530</pubDate>
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      <title>2012 (7) TMI 1108 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=285548</link>
      <description>An application for rejection of plaint under Order VII Rule 11 CPC must be decided only on the averments in the plaint, and the defendant&#039;s written statement or other external materials are irrelevant to that inquiry. Applying that settled rule, the Court held that the grounds based on Order IX Rules 8 and 9 and Order XXIII Rule 1(3) and Rule 4(b) were not attracted because the earlier dismissal had been restored and the suits did not involve the same relief or property. The order remitting the matter for trial on all issues was therefore upheld, and rejection of the plaint was not warranted.</description>
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      <pubDate>Fri, 20 Jul 2012 00:00:00 +0530</pubDate>
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