Showing : 141-150 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - For deciding application under clauses (a) and (d) of Rule 11 - Averments made in the plaint are germane - Pleas taken by defendant in written statement - Wholly irrelevant at that stage...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11-- Court's direction to file written statement without deciding application under Order 7 Rule 11 - Order suffers from non - exercise of jurisdiction vested in Court as well as procedural irregularity - Liable to be set aside...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Court can exercise power at any stage of the suit - At any time before conclusion of trial, before registering plaint or after issuing summons to defendant...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 3-- Suit for immovable property - Property if not capable of being identified by merely boundaries or numbers in a record of settlement - Plaintiff ought to have filed map of suit property annexed with the plaint - If plaintiff committed error - Defendant should object promptly - Default or..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 3-- Immovable property not definitely identified - Decree passed overlooking the provisions of O.7.R.3 & O.20.R.3 CPC - It is an inadvertent error and does not affect the merits of the case - Error can be rectified by having resort to S.152 or S.47 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3-- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or Section 47 depending on the facts and..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- (As amended) - Clauses (e) & (f) are procedural and would not require automatic rejection where plaint is not filed in duplicate or where the plaintiff fails to comply with provisions of O.7.R.9 CPC - Court should ordinarily give an opportunity before rejecting plaint on these grounds...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 7, Rule 11(e), 11(f)-- As amended - Clauses (e) & (f) are procedural and would not require automatic rejection where plaint is not filed in duplicate or where the plaintiff fails to comply with provisions of O.7.R.9 CPC - Court should ordinarily give an opportunity before rejecting plaint on these grounds...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Alternative relief - A relief larger than the one claimed in the suit cannot be granted...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint should be taken as it is and application should be considered on the basis of averments in the plaint itself and no external aid is available to Court for the purpose - Court should be rather hesitant to exercise jurisdiction under Order 7 Rule 11 unless factual score..........

Showing : 141-150 of 167 Results