Showing : 1-4 of 4 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit or any part if can be disposed of an issue of law only then it can be treated as preliminary issue and if that issue relates to (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force - Mixed issue of law and fact cannot..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- 'Barred by law' - Whether includes barred by law of limitation - Suit cannot be dismissed U.O.7.R.11(d) on the ground that it is barred by law of limitation without proper pleading, framing of an issue of limitation and taking of evidence...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Barred by law - Statement in the plaint without addition or subtraction must show that it is barred by any law to attract application of Order 7 Rule 11 CPC - Averments made in the plaint alone have to be seen and they have to be assumed to be correct - It is not permissible to look into the pleas..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Fraud - Pleading - Complete particulars of fraud be stated in the pleadings...........

Showing : 1-4 of 4 Results