Civil Procedure Code, 1908, Order 32, Rule 2, Limitation Act, 1963, Section 3 -- Limitation for fresh suit - In previous suit, cause of action accrued on 02.04.1989 - In second suit cause of action pleaded to have accrued on 10.02.1994 - Held, since cause of action had accrued to plaintiffs on 02.04.1989, then limitation to file suit would commence from date mentioned in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession was not initially sought and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant factors - Held, for purpose of deciding application U.O.7.R.11 CPC only averments in the plaint are relevant - Pleas taken by defendant in written statement would be wholly irrelevant at that stage - Basic question to be decided while dealing with an application filed U.O.7.R.11 of CPC is..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit dismissed wholly or partly U.O.9.R.8 - Plaintiff shall be precluded from bringing a fresh suit in respect of same cause of action...........
Criminal Procedure Code, 1973, Section 145 -- Magistrate has no jurisdiction to make an enquiry regarding demarcation of the boundaries of the land in question - This course of action is only available to the civil court or revenue court...........
Representation of the Peoples Act, 1951, Section 100(d)(i), Civil Procedure Code, 1908, Order 7, Rule 11, Conduct of Elections Rules, 1961, Rule 40A -- Election petition - Cause of action - What does term "cause of action" mean and how pleaded in election petition - Held, it is a bundle of essential facts and refers entirely to media upon which plaintiff/petitioner asks to..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit - Provision of O.2.R.2 CPC is applicable only if earlier suit was disposed of and thereafter a fresh suit is being filed with the same cause of action for fresh relief...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144 -- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar on subsequent suit - Cause of action alleged in both suits are different though arising from same transaction - Held, transaction may be same yet cause of action may be different - If complete cause of action alleged in second suit are not found in earlier suit, then, second suit is not barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar on subsequent suit - Mandate is to join all reliefs claimed on the basis of one cause of action - If cause of action are separate, then, there is no mandate of O.2.R.2 CPC to combine all cause of action...........
