Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of commissioner - Objection - Plaintiff was not present at the time when Panchnama was prepared and Panchnama also does not bear signature of plaintiff - Panchnama as well as report is false and fabricated - Order rejecting objections set aside - Trial Court is directed to issue fresh commission in the matter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Accrual of cause of action for filing suit consist of bundle of facts - Factum of suit being barred by limitation is ordinarily a mixed question of fact and law - Even for that reason, invoking O.7.R.11 CPC is ruled out...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Plaintiff seeking rejection of report alleging that report is given in collusion with defendant - Both plaintiff and defendant filed objections to report - Trial yet to commence - After completion of evidence, it is open to Court to accept or reject report - Application rightly rejected...........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment - Typographic error in mentioning name of respondent wrongly in cause title of judgment - Change of name of respondent ordered to be corrected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Any question which requires to be decided on basis of evidence of parties, cannot be basis for rejecting a plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact and law which can only be determined conclusively after parties lead their evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order passed on an application U.O.7.R.11 CPC is revisable...........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 10 -- Transfer of proceedings - Proceedings u/ss 125, 127 Cr.P.C - S.407 Cr.P.C apply to transfer of proceedings u/ss 125, 127 Cr.P.C, as per S.10 of Family Courts Act - Application u/s 24 CPC held, not maintainable against proceedings u/ss 125, 127 Cr.P.C...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
