Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that decree passed in earlier suit being without jurisdiction is liable be set aside - Rejection of plaint sought on the ground that suit is barred by principle of res judicata - Issue of jurisdiction has to be raised at the earliest point of time - However, the question..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Non production of documents mentioned in written statement - Plaintiff cannot compel defendant to file documents, as consequence of no, filing of such document is specified in O.8.R.1A(3) of CPC which prescribes that if document is not filed, it would not be received by Court at the time of hearing of the suit, without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - Suit for specific performance dismissed due to lack of pleading of readiness and willingness - Amendment of plaint sought at appellate stage to insert readiness and willingness - Said lacuna cannot be filled by plaintiff by making application U.O.6.R.17 CPC - If amendment is..........
Civil Procedure Code, 1908, Section 10 -- Stay of second suit - First essential is that matter in issue in subsequently instituted suit should also be directly and substantially in issue in a previously instituted suit - Second essential is that Court in which first suit is pending, should be competent to grant relief claimed in that suit and also the relief claimed in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Defendant well aware of the facts sought to be introduced by way of amendment from the beginning of suit - Suit remained pending for almost five years but said plea was not taken by defendant - It cannot be said that defendant in spite of due diligence could not raise the..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of appeal - Increase in Court fee payable after institution of suit and before filing of appeal - Court fee is payable on memorandum of appeal according to law in force on the date of institution of suit, in the absence of any provision giving retrospective effect to the amendment increasing the Court fee payable..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit for compensation for death of son due to collapse of building - No fault found in dismissal of application from legal perspective - However, due to non restoration of suit unfortunate mother of ill-fated son is forever denied opportunity of claiming compensation - Lower Court..........
Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - While granting final relief in a suit, Court is entitled to grant relief to the extent the case facts justify...........
