Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC referable to a suit instituted in civil Court and it cannot apply to proceedings of other nature instituted under any other statue...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, will not apply if a few matters in issue are common rather same would apply if entire subject matter in controversy is same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Issue regarding Will and lease deed is not framed in earlier suit - Since matter relating to Will and subsequent lease deed is not directly and substantially in issue before Court in earlier suit, subsequent suit filed by plaintiff is not barred by S.10 CPC - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Application filed U.O.7.R.11 CPC attracting provision of O.7.R.10 CPC - Same treated to be one U.O.7.R.10 CPC - Trial Court directed to return the plaint to submit the same before Family Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Family Courts Act, 1984, Section 7 -- Return of plaint - Petition for appointment of guardian in respect of minor - Filed in District Court - Whereas jurisdiction lies with the Family Court - Petition filed U.O.7.R.11 treated as one U.O.7.R.10 CPC and trial Court directed to return the plaint to submit the same before..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Impleadment of State as party represented by Deputy Collector - Notice u/s 80 CPC was not issued before filing of suit - During pendency of suit, provision of S.80 CPC cannot be complied with - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Lack of jurisdiction - Where Court has inherent lack of jurisdiction to entertain suit, it cannot return the plaint granting liberty to plaintiff to represent the suit before competent Court, but has to dismiss the suit for want of jurisdiction...........
