SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Once an application is filed to reject plaint, Court has to dispose of the same before proceeding with the trial...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for rejection of plaint can be filed at any stage of suit - Defendant is entitled to file application for rejection of plaint before filing his written statement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Rejection of plaint cannot be on the basis of allegations in written statement or on the basis of allegations in the application for rejection of plaint - Court has to consider only the plaint as a whole...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Granting of restitution is mandatory and consequential to decree being varied or reversed or modified or set aside...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3A-- Compromise decree - Setting aside - Proper remedy to assail a decree on compromise is to file an application to recall order regarding compromise entered into between parties to suit - Fresh suit by one of parties to assail a compromise decree is not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - If leave to amend pleadings is granted then permission to the other party to consequently amend the pleadings is normally granted - However, no new plea can be permitted to be added in the garb of a consequential amendment though it can be applied by way of an independent..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 115-- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded..........