Code of Civil Procedure, 1908; O. 7 R. 11 – What to consider while Rejection of plaint – Held: Court is required to consider the pleadings made out in the plaint itself and the annexures...
Read MoreCode of Civil Procedure, 1908; O. 7 R. 11 – What to consider while Rejection of plaint – Held: Court is required to consider the pleadings made out in the plaint itself and the annexures thereto for ascertaining as to whether the plaint is liable to be rejected on any of the grounds as mentioned therein -- Court cannot consider any other document and/or material beyond the pleadings made out in the plaint and/or annexures thereto.
Code of Civil Procedure, 1908; O. 7 R. 11 – Whether the plaint as a whole can be rejected when part of the plaintiff’s claim can be adjudicated upon by the Civil Court -- Absence of independent cause of made the plaint liable to be rejected in whole.
West Bengal Cooperative Societies Act, 2006; S. 102 -- Suit challenging wrongful termination of the building contract -- Whether the plaint is liable to be rejected as it is barred under the provision contained in Section 102 of the West Bengal Cooperative Societies Act, 2006 – In absence of any contradiction it can be assumed that the business of housing co-operative society is of constructing dwelling units for its members -- the dispute between the plaintiff and the Cooperative Society concerns the business of the said Cooperative Society and it relates to the affairs of the said Cooperative Society and such dispute is a dispute within the meaning of the dispute under Section 4(25) of the West Bengal Cooperative Societies Act, 2006 which is capable of resolution by the Registrar as per the provision of Section 102 of the said Act -- the Civil Court as per the provision of Section 102 (4) of the said Act.
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