Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Non-production of documents, relied upon, with plaint - Failure to produce document alongwith plaint or failure in entering the details of such document in the list annexed to the plaint - Not fatal to the suit at the time of its registration - Such lapse is curable upon obtaining leave of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to create evidence, does not warrant..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Word `interest' in O.22.R.10 CPC means interest in property i.e subject matter of suit - `Interest' is not the interest of person who was party to suit...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Person who has acquired an interest by devolution, if obtains leave to carry on suit, suit in his hands is not a new suit - A cause of action is not prolonged by mere transfer of tile - It is old suit that is carried on at his instance and he is bound by all proceedings up to the stage..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte - Each one of LR's was located..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of O.2.R.2 CPC - Where it is not apparent from the averments made in plaint that suit is hit by O.2.R.2 CPC, same has to be proved on the side of defendant by producing the pleadings and evidence adduced in earlier suit and plaint cannot be rejected at the threshold stage - Suit whether hit by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit U.O.9.R.3 CPC - Subsequent suit - Where earlier suit was dismissed for no, appearance of both the parties, plaintiff can bring fresh suit as per O.9.R.4 CPC and O.9.R.9 CPC would not act as a bar to subsequent suit...........
