Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendant was duly served in the suit and inspite of same defendant failed to appear - There were as many as three attempts made to serve defendant - Defendant is not justified in contending that report of postal department can also be forged on the registered..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Documents sought not referred in the written statement - Application filed by defendant was bereft of any reason much less cogent reasons, explaining the delay and necessity of such documents, sought to be placed on record - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Amendment sought on the ground that more elaborative details of suit property has to be given - Due to error of typist some words have been left out and amendment itself will not change nature of suit - Words sought to be added by way of amendment to describe the property are..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Matter was only at initial stage of settling issues - Petitioner filed application for setting aside ex parte proceedings on the next date of hearing - Trial Court ought to have taken a lenient view - Ex parte proceedings set aside subject to costs of Rs.500/-...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contentious issue sought to be raised by defendants on the basis of facts set out in application filed cannot be taken into consideration while deciding an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between plaintiff and Municipal Corporation - Municipal Corporation taking up proceedings for removal of encroachment made by plaintiff based on applicant's complaint as disputed encroachment or construction is just in front of his house - None of applicant's individual or property rights are..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Property in question was jointly purchased by plaintiffs along with defendant son of `N' - Suit for partition of property was not based on right of inheritance - Petitioners being daughters of said `N' had no right or locus to interject in suit proceedings - If petitioners have any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application for rejection of plaint, Court is not competent to go into correctness or otherwise of allegations contained in the plaint - Plaint can only be rejected if statement in pliant without any addition or subtraction appears to be barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Exemption from law claimed by plaintiff - Necessary facts claiming exemption though not specifically pleaded in the plaint by plaintiff but fact remains that suit on behalf of plaintiff No.2, a minor has been filed by natural guardian and therefore she is entitled to claim..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
