Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed at the time of filing written statement - Such documents relevant document and having a bearing on the controversy involved - Question as to admissibility or evidentiary value of said documents need not be considered at this stage - It is also not necessary to entertain any..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - Suit for specific performance - Transferee pendente lite - A transferee pendente lite of an interest in immovable property is a representative-i, interest of the party from whom he has acquired that interest - He is entitled to be impleaded in the suit or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A bare reading of plaint perhaps the plaint documents, should alone convince the Court to come to conclusion whether plaint should be rejected at threshold or not...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence recorded - Application..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Title to agricultural land can only be determined by Revenue Court - Civil Court has no jurisdiction to determine the title of agricultural land - Even a suit for partition of agricultural land lies before revenue Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and permanent injunction - Plaintiff failed to prove his title to disputed land - Said finding of fact is arrived at after due appreciation of evidence on record and same cannot be upset while exercising jurisdiction u/s 100 CPC - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way independent claim - High..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - It cannot be held that no statutory provisions or case law can be applied to the averments made in the plaint - If on such application of statutory provisions or law holding the field, if it is apparent that the plaint is contrary to such provisions of the statutory law or the..........
