Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Boundary dispute - It is always desirable to get suit land or field measured by an expert or competent public official to find out area of suit land encroached upon, more so, when oral evidence cannot help court when it is in form of words by rival parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Where facts sought to be incorporated in the plaint were already in the knowledge of plaintiff at the time of filing the suit, in that eventuality, amendment cannot be sought after framing of issues...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file within time - Striking off defence - Court is required to record valid reasons/grounds in this connection and defence should not be struck off in a routine matter, as it may give rise to multiplicity of suit, particularly when the opposite party can well be compensated with heavy costs...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration with consequential relief of damages - Issues raised are pure mixed questions of law and facts and can be determined only after adducing evidence by the parties - Application rejected...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Closing of evidence - Validity - Suit for declaration filed on 14.03.2003 - Case fixed for evidence of defendants for first time on 29.05.2013 - Trial Court closed their evidence on 22.07.2013 without affording adequate opportunity to conclude evidence - Defendants already deposited process fee and diet money for summoning..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit challenging decree based on award in arbitration proceedings - Bar to suit - Allegation made in plaint is not that compromise on which decree is based was not lawful - Allegation was that decree itself was obtained by practicing fraud upon plaintiff - Held, bar U.O.23.R.3-A not applicable to the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Powers of court - Suit whether barred by limitation or not, is a mixed question of fact and law - Court cannot exceeded its jurisdiction by entering into merits of case nor can travel beyond statement in plaint - Held, rejection of plaint on ground that suit is barred by limitation is not proper...........
Civil Procedure Code, 1908, Order 23, Rule 3A, Arbitration and Conciliation Act, 1996, Section 32 -- Suit challenging decree based on arbitration award on the allegation that decree was obtained by fraud and misrepresentation is not barred u/s 32 r/w S.47 of Arbitration Act and such suit is maintainable before Civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for injunction in respect of land which was originally agricultural land but was converted into commercial land - Suit maintainable in civil Court even when conversion was not at plaintiff's instance - Application rightly dismissed...........
