Civil Procedure Code, 1908, Section 89, Order 7, Rule 10 -- Return of paint - Dispute settlement through private forum - Agreement between parties - When said forum is not competent to grant declaration/interim reliefs, parties are not debarred to initiate a civil suit in the competent court for the reliefs including damages for the work done by them - Jurisdiction of..........
Civil Procedure Code, 1908, Section 34, Order 7, Rule 10 -- Return of plaint for presentation in Court of competent jurisdiction - Representation of plaint - Plaint is to be considered as a fresh plaint and trial is to be conducted no novo even if it stood concluded before the Court having no competence to try the same - Interest cannot be granted from date of institution..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Trial Court decided issue of jurisdiction without allowing parties to lead evidence and returned the plaint for being presented before competent Court - Held, impugned order passed by trial Court liable to be set aside - Trial Court directed to decide issue of jurisdiction in accordance with law..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Words `Courts', `suits' and `plaint' in O.7.R.10 do not provide any room to devise a mechanism to return plaint for presentation before any other Forum, after holding that suit is barred by any provision of law...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Propriety - On basis of written statement, application for amendment was filed by plaintiff on the ground that defendant claimed possession over suit land on strength of a sale deed - Court below took view that if amendment was allowed, it would lead to increase in valuation of suit and, therefore,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is duty of Court to return finding on application filed U.O.7.R.11 - Court is also duty bound to ascertain whether suit is maintainable in law when same filed before it - Civil Court cannot mechanically issue notices and orders on presentation of plaint - Power given U.O.7.R.11 CPC can be exercised by..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 1 -- Return of plaint - Order is appealable U.O.43.R.1 and not U.O.41.R.1 CPC - Decree, even if wrongly drawn, cannot make it appealable U.O.41.R.1 CPC - Second appeal does not lie...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint for presentation to proper Court - On re-presentation of plaint, proceedings are to be taken up do novo - Injunction granted by Court ceases to be in force from the time the Court returned the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint to present it before proper Court - It is appeal and not revision against this order which is maintainable...........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 10 -- CPC for return on plaint on ground of jurisdiction - Dismissal of application U ,O. 7 ,R. 10 - Revision against - Held, not maintainable...........