Showing : 341-350 of 1225 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10A-- Return of plaint for presentation to proper Court - If plaint presented in proper Court after its return is a new plaint, defendant has every right to file a new written statement even though he had filed a written statement in Court which returned the plaint - But it is not necessary for him to..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Late production of documents - Photocopy of document/receipt, which is the basis of suit - Original receipt was misplaced - Plaintiff seeks permission to place on record photocopy of said receipt, which in fact is mentioned in the list of documents - No prejudice is caused to defendant, as Court..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for declaration of title and recovery of possession - Relief of declaration of title to immovable property is implicit in a suit for recovery of possession based on title, as without establishing title to property, if disputed, no decree for relief of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is only the averments in plaint which are the guiding factor for deciding application U.O.7.R.11 CPC...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4-- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate property claimed..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of additional documents after filing of written statement - Provision is liberal - Provision is discretionary and discretion should be exercised to ascertain the truth and put an end to the controversy - In the instant case documents could not be produced at the time of filing of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Jurisdiction - Could only be decided after appreciation of evidence - Court to decide issue of jurisdiction first before proceeding with the matter on merits - Order dismissing application, upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(c)-- Rejection of plaint - Deficient Court fee - Court as a guardian for State resources must ensure that appropriate Court fee is paid - If it is not properly valued, Court shall follow the procedure as prescribed U.O.7.R.11 CPC to direct the Court fee to be paid and reject the plaint if it is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration challenging validity of Will - Suit filed during lifetime of testator - No cause of action accrue to the plaintiff, as cause of action to challenge validity of Will arises only after death of testator - Suit, held, not maintainable - Plaint rejected...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14-- Rejection of plaint - Barred by limitation - Recovery suit - If the time spent by appellant in prosecuting writ remedy i.e. between the date of institution of writ and its withdrawal is excluded, then, suit could not have been dismissed on the ground of limitation - Suit, held, not barred -..........

Showing : 341-350 of 1225 Results