Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Mere presumptions or possible apprehensions are not sufficient and only good and sufficient grounds, clearly set out in the order, may justify the transfer - Transfer should not readily be granted for any fancied notion of a litigant - It should be granted to ensure that applicant gets fair and impartial..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Opposite party a practicing lawyer - Not a ground to transfer suit when there is no concurrent reason that said person in any manner may influence the proceedings of the matter - Transfer of suit not allowed as transfer of a case from one Court to another indirectly casts doubt on the competence and integrity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is that bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in suit - So long as plaint discloses some cause of action or raises some questions of facts to be decided by Court, mere fact that case is weak and not likely to succeed would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - Defendant sent a letter in 2002 to plaintiff for repudiation of agreement - Art.3 of Limitation Act prescribes 3 years limitation period for filing suit for specific performance from the date when seller refuses to perform his part of agreement -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plaint does not disclose any details or terms of agreement to sell - No documents produced by plaintiff with regard to agreement to sell, sale consideration, time frame within which agreement must be performed amongst others - Plaint displays the clever methodology in..........
Civil Procedure Code, 1908, Section 151 -- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - `Disclosure of cause of action' and `existence of cause of action' - Distinction - Plaint can be rejected only when it fails to disclose cause of action as distinguished from existence of cause of action - Courts have to maintain distinction between the two - To decide whether or not plaint discloses..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibits - Prayer for deletion of exhibits - DW2 not a party to suit was summoned by Court - DW2 produced proof affidavit along with documents after giving copy of affidavit along with details of documents to plaintiff's counsel - At the time of examining DW2 plaintiff and his counsel not appeared and no reasons given for the..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Expert opinion - Material on record adequately brought by parties so as to form independent opinion with regard to Exs.B-2 & B-3 - Expert's opinion is not really required in the matter - Interlocutory application rightly considered by Court below as dilatory tactics...........
