Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Decree passed by DRT - Suit challenging decree filed after seven years of passing the decree - Knowledge of passing decree alleged to be six months back - Nothing averred when and how plaintiff came to now about the judgment and decree passed by DRT - Only with a view to get out of the law of..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court lacking inherent jurisdiction or express or implied bar in entertaining suit - Civil Court cannot entertain suit - Suit may be disposed of on said preliminary issue only - In all other cases, suit must be decided on all issues...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Suit barred U.O.9.R.9 and S.11 CPC - Any finding in a suit which is not maintainable has no bearing in law...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Orders u/ss 145(1), 146(1) Cr.P.C - Dispute is only regarding office of management of society - Such dispute can never be held as a dispute regarding ownership and possession of immovable property - Assistant Registrar has authority to decide the dispute regarding management of office society - However, Magistrate..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when suit was fixed for rebuttal and arguments - Delay of five years in seeking amendment - Plaintiff failed to explain due diligence - Application for amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Suit property is identifiable - Warrant of possession for a decree for possession can only be executed through Bailiff of Court and not through Revenue Agency...........
