Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - It is one where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, then such issue is required to be decided in the first instance so that process of civil court is not abused by the litigants, who may approach civil court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application for amendment was filed after some of witnesses on behalf of plaintiff had been examined - Plaintiffs have miserably failed to satisfy Court as to why they were unable to seek proposed amendments before commencement of trial - Said facts were already in knowledge of plaintiffs at the time of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise its power U.O.7.R.11 CPC at any stage of suit but before conclusion of trial - Trial Court erred in observing that since evidence had commenced, application U.O.7.R.11 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court below while dismissing application neither discussed ingredients of O.6.R.17 CPC nor any reasoning has been assigned as to why prayer sought by plaintiff could not have been allowed - Duty cast upon Court while deciding application U.O.6.R.17 CPC is not discharged - Trial Court dismissed the..........
