Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Agreement to sell executed between parties in the year 1959 and dispute arose in the year 1986-1987 - Suit filed in the year 2000 i.e after lapse of 40 years for specific performance of agreement is barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 14, 15 -- Production of documents - Neither any reason reflects for delay in filing application, nor it shows how document in question is relevant for disposal of controversy involved in the matter - More so, there is no averment in written statement with regard to subject document - Dismissal of application calls for..........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of Civil Court jurisdiction - Amongst several prayers in a suit if for single prayer suit is maintainable, plaint cannot be rejected - Suit shall stand for that prayers to be maintainable before civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Ancillary prayer which may be viewed ousting jurisdiction of Civil Court, for rest of the prayers, suit is maintainable and entertainable - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-impleadment/non-joinder of a necessary party - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings regarding loan amount given and same having not been repaid have been made in the plaint - Closure of factory premise has been pleaded to be a cause of action for filing of suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Specific finding recorded by Court below that Apex Court extended the limitation period because of COVID-19 pandemic, therefore suit is not time barred - However, if written statement is filed by defendant and ground of limitation is pleaded therein, a preliminary issue regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule -- Rejection of plaint - Dismissal of application - Appeal thereagainst - Not maintainable...........
