Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Reliefs claimed by plaintiff barred by limitation - Held, when suit of plaintiff is clearly barred by law then plaint is liable to be rejected. (Paras 66, 70, 81,83, 86, 87 & 103)..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court at any stage of the suit, where admission of facts have been made either in the pleadings or otherwise, either on the application of the party or on its own motion, and without waiting for determination of any other question between the parties, to give such judgment as it thinks fit, having..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - If executing Court refuses to entertain any claim or objection in view of provisions of O.21.R.58(5) CPC, remedy of such party whose claim or objection is refused by executing Court U.O.21.R.58(1) proviso CPC, would be to file a suit to establish the right which such claimant or objector claims to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - In order to find out whether suit is barred by limitation the same has to be manifest from a reading of the plaint and no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading of a party - Sale during pendency of suit - Sale by itself not void - Sale deed will remain valid subject to determination of dispute by Court - Pendente lite purchaser allowed to be substituted/impleaded U.O.22.R.10 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or a cause of action that..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder of necessary party -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without seeking relief of possession - Defendant in possession of some of the portion of suit property - Suit barred by S.34 of Specific Relief Act - Suit rightly rejected - However, it is open for plaintiff to file fresh suit as provided U.O.7.R.13 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set aside - The only remedy..........
