Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Manifestly vexatious and meritless proceedings cannot be carried on in the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Vexatious and meritless allegations with regard to cause of action as well as to get the suit within limitation - Conduct of trial would be a futile exercise - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal filed by defendant - Maintainability - Suit dismissed by first appellate Court - Appeal against such dismissal can only be filed by plaintiff, as plaintiff can only be aggrieved person - Defendant cannot challenge any finding so recorded - Appeal filed by defendant is not maintainable against mere finding, hence..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Accrual of cause of action for filing suit consist of bundle of facts - Factum of suit being barred by limitation is ordinarily a mixed question of fact and law - Even for that reason, invoking O.7.R.11 CPC is ruled out...........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Eviction petition - Amendment of plaint - Amendment sought for is subsequent event and if allowed would not change nature of suit - Rather, it is essential for deciding real controversy involved between parties - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Contents of plaint does not disclose that suit is barred by limitation - Lack of specific date of knowledge does not disentitle plaintiff to an opportunity to prove his case - It cannot be said that plaintiff has not disclosed date, month or year of crucial events - Plaint cannot be rejected -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
