Rejection of Plaint -- No Prescribed Timeline -- Order 7 Rule 11 CPC prescribes no time limit for filing an application for rejection of plaint
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- No Prescribed Timeline -- Order 7 Rule 11 CPC does not prescribe any timeline within which an application for rejection of plaint must be filed. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Delay of Over Two Years in Filing Application -- An application under Order 7 Rule 11 CPC filed more than two years and nine months after institution of the suit cannot be dismissed on the ground of delay alone, since the provision prescribes no limitation period for its filing. (iii) Court Fees Act, 1870, S.7 -- Ad Valorem Court Fee -- Suit by Executant to Cancel Mortgage Deed -- A plaintiff who is the executant of a mortgage deed and seeks its cancellation, along with declaration and permanent injunction, is required to pay ad valorem court fee on the suit, and not a fixed court fee.
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