Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In the plaint not all the evidence with respect to allegations is to be adduced - However, a comprehensive narration of facts that constitute cause of action has to be given in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit - Banking law - There is expression of mere apprehension of plaintiffs that Negotiating Banks were in active collusion with beneficiary - No explanation or justification has been made in plaint as to how this active collusion came about or what makes the plaintiff suspect so - No cause of..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Eviction petition - Earlier eviction petition filed on the ground that tenant had violated the terms of lease deed and landlord requires the premises for his own use - Subsequent eviction petition sought on the ground of no, payment of rent - Cause of action in both the petitions is..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Person who has acquired an interest by devolution, if obtains leave to carry on suit, suit in his hands is not a new suit - A cause of action is not prolonged by mere transfer of tile - It is old suit that is carried on at his instance and he is bound by all proceedings up to the stage..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action, fraud, misrepresentation - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public officer - Plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the averments in plaint which are germane and pleas taken in written statement are wholly irrelevant - Plaint should be read in a meaningful manner and not formal and it should disclose a clear right to sue and, if by clever drafting has created an illusion of a cause of action, Court must nip..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Phrase `Cause of action' means every fact which will be necessary for plaintiff to prove - It does not comprise every piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved...........
