Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and Court fee - Can be considered on the basis of evidence adduced by parties - Plaint cannot be rejected only on this ground - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was filed by defendant in the claim..........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Delay in filing appeal already condoned - Since plaintiffs/applicants have compiled with the provisions of O.44.R.3(1) CPC, there is no need to examine their status regarding pauperism from registrar - Applicants permitted to sue the matter without paying Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for compensation/damages - There is no objective standard available which can help in determining the amount of compensation - Compensation is subject to variance based on quality of evidence to be led before Court - In such nature of things, valuation put by plaintiff is..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fee - Court fee paid as assessed by Court - Plea that trial Court erred in correctly evaluating the value of property - A contentious issue needs to be determined on the basis of evidence to be led by the parties - Rejection of application - Calls for no interference...........
Civil Procedure Code, 1908, Section 148, 151, Order 7, Rule 11 -- Deficient court fee - Extension of time to pay - Court can extend time when plaintiffs fails to pay deficient court fee within time granted...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Deficient Court fee - Trial Court while rejecting plaint, neither granted time to correct valuation nor granted time to pay Court fee - Impugned order of trial Court set aside - 60 days time granted to plaintiff to correct valuation and pay requisite Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11(c) -- Deficit court-fee - Power to extend time for payment of deficit court fee can be exercised only when plaintiff offers a legally acceptable explanation for no, payment of court fee within period of limitation and Court records its satisfaction with regard to the same...........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A, -- First appeal - Suit dismissed and counter claim decreed - Single appeal lies against case and counter claim and only separate court fee has to be paid for the respective claims...........
