Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaint cannot be rejected only on the basis of defence theory without even looking into the entire averments of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not maintainable - Impugned order..........
Civil Procedure Code, 1908, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of pleadings - Eviction suit - Cause of action for eviction on new ground, which is intended to be incorporated by way of amendment has arisen after filing of Rent Control Petition - Said ground cannot be allowed to be incorporated by way of..........
Civil Procedure Code, 1908, Section 92 -- Suit filed u/s 92 CPC - Suit is maintainable with regard to charitable endowment - Bar u/s 108 of T.N. Hindu Religious and Charitable Endowments Act not applicable to the suit, as suit filed by plaintiff does not relates to religious institution...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit for declaration of title and proceedings for grant of succession certificate - Both proceedings are different and jurisdiction of Courts is also different - S.10 CPC is not attracted to stay the proceedings initiated for grant of succession certificate...........
West Bengal Premises Tenancy Act, 1997, Section 7(1)(a), 21, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non-acceptance of written statement - Opposite party prayed for eviction claiming petitioner as his licencee and said licence was already revoked before filing of suit then onus to prove said status would be lying upon opposite party - Similarly,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint Local Commissioner before filing written statement when situation is such that which enables a party to destroy the subject matter of the subject, make it no, est or even make the very filing of the suit a futile exercise or even make the suit a straw and ascertainment of actual physical..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of State as party - Notice u/s 80 CPC not issued to State - Proposed amendment is entirely new cause of action - It is based on events, which took place after filing of plaint - It amounts to fresh case - If new cause of action is introduced,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its proper perspective - High Court..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
