Showing : 351-360 of 1240 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint for presentation in a Court having jurisdiction - Plaintiff has every right to amend the plaint before it is presented in the proper court - Plaintiff need not to take permission of any Court for its amendment before it is presented before the proper Court...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Proceedings filed by a party alone can be returned to him - Proceedings filed by another party cannot be returned to him - Written statement filed cannot be returned to plaintiff...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Declaratory suit without seeking necessary consequential reliefs in terms of S.34 of Specific Relief Act - Where plaintiff can seek relief other than a mere declaration of title, but omits to do so, plaintiff shall be precluded from seeking such consequential reliefs at a..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10A, Limitation Act, 1963, Section 14-- Return of plaint for presentation in proper Court - When plaintiff presents the plaint in Court in which it should have been instituted, he may get the benefit of S.14 of Limitation Act - However, if plaintiff does not want to claim benefit of S.14 of Limitation Act, he need not present the plaint..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Issue of limitation is not a pure question of law but fact dependent - However, that alone is indeterminate about nature of Court's power U.O.7.R.11 CPC - Court has to be vigilant and is sentinel in ensuring that claims that should not be let into the..........
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..........

Showing : 351-360 of 1240 Results