https://www.taxtmi.com/caselaws?id=291158 A plaint cannot be rejected under Order VII Rule 11(d) unless a bar to civil jurisdiction is apparent from the plaint itself and is express or clearly implied. On the plaint averments, allegations of fraud, misuse of authority, and claims for declaration, injunction, and monetary reliefs under general law did not disclose a clear statutory bar merely because company-law provisions were mentioned. Questions about proper representation of the company and ultimate maintainability were not suitable for determination at the stage of rejecting the plaint. The rejection order was therefore unsustainable, and the suit was restored for decision according to law. en-us Thu, 13 Oct 2016 00:00:00 +0530 Fri, 30 Oct 2020 10:07:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291158 A plaint cannot be rejected under Order VII Rule 11(d) unless a bar to civil jurisdiction is apparent from the plaint itself and is express or clearly implied. On the plaint averments, allegations of fraud, misuse of authority, and claims for declaration, injunction, and monetary reliefs under general law did not disclose a clear statutory bar merely because company-law provisions were mentioned. Questions about proper representation of the company and ultimate maintainability were not suitable for determination at the stage of rejecting the plaint. The rejection order was therefore unsustainable, and the suit was restored for decision according to law. Case-Laws Companies Law Thu, 13 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291158