Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings - Suit decreed...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing within time - Court can ask plaintiff to prove its case even when written statement is not filed when plaintiff is not able to make out a blemishless case in its favour entitling it to the relief prayed for in the suit - Court in special circumstances can also grant defendant time to file..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration that sale deed in question is null and void - Plaintiffs admitting that suit is barred by limitation having been filed after 26 years after the transaction - Moreover, there is clear and unequivocal fact that suit is also barred as regards the youngest..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for setting aside sale deed - If a deed was executed by plaintiff when he was minor and it was void, he had two options to file a suit to get the property purportedly conveyed thereunder, either to file the suit within 12 years of deed or within 3 years on attaining the age of..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for setting aside sale deed - Cause of action is absolutely vague and presumably to cover up the delay and to avoid the suit being thrown out on the ground of limitation - Since from the admitted averments in the plaint suit was barred by limitation, therefore, it has to be held..........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Execution - Preliminary decree passed in a suit for mortgage cannot be executed without obtaining final decree...........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Mortgage suit - O.34.R.15(2) CPC is a separate and independent clause meant to give speedy relief to decree holder who gets a charge for the first time under the decree as there is no question of any equity of redemption remaining with debtor in that situation...........
Civil Procedure Code, 1908, Order 35, Rule 5 -- Inter-pleader suit - Not maintainable when agents sue their principals or tenant sue their landlords for the purpose of compelling them to interplead with any persons other then the persons making claim through such principals or landlords...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Restoration of suit dismissed U.O.7.R.11 CPC - Application u/s 151 CPC for restoration of suit is maintainable even though rejection of plaint amounts to a decree, which is appealable...........
Civil Procedure Code, 1908, Section 107(2), Order 41, Rule 24 -- Powers of appellant Court - Appellate Court has jurisdiction to adjudicate the dispute and finally determine the issue raised in the suit and pronounce judgment, even if it was not decided by trial Court...........
