Civil Procedure Code, 1908, Order 7, Rule 10A -- Lack of jurisdiction - Return of plaint - It is de novo trial of suit by competent Court - Whatever done by Court, not having jurisdiction, is non est in the eye of law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical errors - Pre-trial amendment - Courts are liberal in allowing pre-trial amendment, as suit is filed by plaintiff by paying necessary Court fee and he cannot be deprived of his right to amend the plaint at his choice - Moreover, no prejudice will be caused to parties by allowing said..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the present suit, as it is already a..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Cause of action - Not disclosed in plaint - Suit dismissed - Court is not required to go through the evidence to find out as to what cause of action has accrued to the plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected - Application allowed...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Lease agreement and corporate guarantee - Defendant no.1 agreed by corporate guarantee to be subject to jurisdiction of Courts not only in Saudi Arabia but also abroad, thus, cannot be allowed to urge that suit instituted is against the spirit of contract - Moreover,..........
Civil Procedure Code, 1908, Section 92 -- Suit seeking removal of Trustees, Directors and Office bearers of defendant-organisation - Second prayer in suit seeking declaration that suit property absolutely belongs to plaintiff and right of management for the benefit of the entire community - Suit is one u/s 92 CPC - Suit not maintainable without obtaining leave of Court..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit u/s 92 CPC - Seeking removal of all persons including Trustees, Directors, Secretary and Cashier etc. - Suit is not maintainable without making them as parties to suit, as suit is bad for no, joinder of necessary parties...........
Civil Procedure Code, 1908, Section 9, 47, 11 -- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to vest in the plaintiff to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Objection in respect of taking written statement on record was filed after 11 months of its filing - Once written statement was already on record and with a delay of only nine days, Court below ought to have exercised its discretion to promote the ends of justice rather than to non suit the defendant on..........
