Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation if not a pure question of law, cannot be decided as preliminary issue U.O.14.R.2 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - O.14.R.2 CPC stipulates that when issues of both law and facts arise in the same suit, Court may dispose the suit by trying issue of law first - For this purpose, provision specifies two questions of law, which are : (i) jurisdiction of Court; and (ii) a bar to suit created by any law for the time being in force...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Jurisdiction of civil Court - Suit for possession - Lease - After expiry of lease term of the lease deed, tenant becomes a statutory tenant - Such a tenant can be evicted under the provisions of 1973 Act as jurisdiction of Civil Court is impliedly barred...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Expression `District Court' in S.44-A CPC for execution of foreign decree, will be construed to be a Court holding ordinary original civil jurisdiction in terms of its pecuniary limits as being notified u/s 5(2) of Delhi High Court Act...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Principal civil Court of original jurisdiction is normally a District Court - But where there is a split jurisdiction based on its pecuniary value, notified from time to time, District Court or High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Once pecuniary jurisdiction of Court exceed Rs.20 lakhs as notified by High Court u/s 5(2) of Delhi High Court Act, jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution a foreign decree u/s 44-A CPC subject to just objections which are available to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Ancestral/joint family properties were partitioned in 1964 and acted upon accordingly - Fresh suit for partition and separate possession of suit properties not at all maintainable being barred by principles of res judicata...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Non-substitution of LRs of plaintiff - Eviction suit - Not arraying/substituting all LRs of plaintiff would not lead to abatement of appeal as a whole, particularly where each of plaintiffs have an independent severable right to claim eviction of defendants...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.2 - Eviction suit - No relief sought against defendant no.2 in suit and defendant no.2 also did not file any counter claim - Further claim made by defendant no.2 has been negated by all Courts including Supreme Court - Failure to implead LRs of defendant no.2..........
