Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Whenever, mixed question of fact and law emerge and plaint does not appear to be barred by law of limitation, ex facie upon perusal of the plaint, the issue of limitation may be adjudicated with other issues at the time of final decision of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Powers U.O.7.R.11 CPC can be exercised at any stage of the suit before registering the plaint or after issuance of summons to the defendants or at any time before the conclusion of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at time of final decision of..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Deficient Court fees - Ground of deficient Court fees can be raised only when defendant pleaded that subject matter was not properly valued or Court fees not sufficiently paid - Such defence and pleading not envisaged U.O.7.R.11 CPC - Plaint not liable to be rejected on ground that suit does not bear..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for filing fresh suit regarding..........
Civil Procedure Code, 1908, Section 25 -- Transfer of suit - Admiralty suits pending in Gujarat High Court - Various orders of arrest passed by Bombay High Court prior to filing of said admiralty suit - Owner of vessel filed caveat before Bombay High Court - Therefore, all admiralty suits are directed to be transferred to Bombay High Court...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - A party whose interest is adverse to defendant ought not to be impleaded in a suit for specific performance for the reason that if a person seeking addition is added in such a suit, it is natural that scope of said suit would be enlarged far beyond the relief sought..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Claim of applicants based on their independent interest as successors-i, title of suit property not on the strength of a contract in respect of which present suit for specific performance has been instituted - Applicants are neither necessary party nor proper party -..........
