Civil Procedure Code, 1908, Section 11 -- Plea of res judicata - If not taken in suit, it cannot be taken in appeal as it must be deemed to have been waived...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Second suit could have been filed for seeking the relief which was claimed by way of amendment of plaint - By allowing amendment delay will be curtailed rather than caused - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action in favour of plaintiff and against defendant Nos.4 to 13 to file a suit for recovery as there is no privity of contract - There is non disclosure of facts to proceed with the trial of suit qua defendant Nos.4 to 13 as there is no allegation of any liability or a joint and several..........
Civil Procedure Code, 1908, Order 2, Rule 2 - - Suit to contain whole claim - Relief of specific performance if any admittedly was available to plaintiff at the time of filing of suit as any relief U.O.2.R.2 CPC is to be given by Court on such grounds which are pleaded in their application - If Court is satisfied that reasonable grounds existed for not claiming a relief..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Amendment sought changing the basic nature and character of suit - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration clause in agreement - Plaintiff has to take the necessary steps for invoking arbitration under the provisions of Arbitration nd Conciliation Act, 1996 - Suit against defendants Nos.1 to 3 cannot continue in the presence of arbitration clause...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation to suit property -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - A stranger to the contract making independent claim adverse to the title of vendors is neither a necessary party nor proper party to join as defendant in a suit for specific performance of contract of sale...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - It is absolute right of suitor - Asking for leave to withdraw is a matter of courtesy and respect to the Court and it is not intended to give Court a power to exercise discretion - However, in case withdrawal of suit with liberty to file fresh suit on the same cause of action is sought then power to allow..........
