Civil Procedure Code, 1908, Order 7, Rule 10 -- Joint application U.O.7.Rr.10 & 11 CPC - As far as prayer concerning application U.O.7.R.10 CPC is concerned, the same not considered by trial Court - Matter remanded to trial Court to consider and decide the issue of territorial jurisdiction of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction of Commercial Court - Pleadings are on record regarding existence of cause of action within territorial jurisdiction of Commercial Court - Court below did not deal with averments in specific and also failed to see documents filed with suit - Order of rejection of plaint set..........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - S.17 gives a choice to plaintiff to choose territorial jurisdiction of a Court, if different Courts have jurisdiction...........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - Plea of territorial jurisdiction or lack thereof cannot be entertained by Supreme Court while exercising its jurisdiction u/s 25 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Cause of action for transfer petition wholly accrues at District Shahjahanpur which is beyond the specified area of Oudh - In the matter relating to transfer of case from one district to another, if the case is pending before a Court which is within specified area of Oudh only in respect of such cases, Court..........
Civil Procedure Code, 1908, Section 17, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - One of properties in respect of which relief is claimed is located at place `D' - In terms of S.17 CPC, suit has been validly instituted before Court at place `D'...........
