Civil Procedure Code, 1908, Section 80, Order 14, Rule 1, 2 -- Suit against public servant - State not impleaded as a party - Objection as to maintainability of suit not taken by defendant in his written statement - However, in the absence of notice, suit is not maintainable against public servant - Trial Court should framed and decide the issue of maintainability of suit..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Question of title - No question of title framed by trial Court - Mere assertion that plaintiff is owner/landlord of suit property is not sufficient to deal with title of property...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation is mixed question of fact and law - Same cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - An issue can be framed on admitted fact, if considered necessary by Court and therefore even in absence of replication issue can be framed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rejection of plaint - Issue framed as to whether plaint is liable to be rejected - Said issue should be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of an issues - Defendant did not file written statement and set ex parte - Question of framing of issues does not arise...........
