Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to Court fee - Only in cases where question of payment of court fee affects the very pecuniary jurisdiction, it is necessary for court to investigate, examine and then decide it as a preliminary issue - In other disputes relating to court fee, it should be left to the discretion of court either to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
Agreement to sell -- Specific performance - Plaintiff has not given details of funds in her possession or manner in which she intended to raise them in the plaint - Those aspects are matters of evidence, which as per O.6.R.1 CPC need not be pleaded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application, allegations in plaint alone have to be looked into for the purpose of either entertaining suit or rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - For invoking provision of O.7.R.11(d) CPC, no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit on the basis of Will - Non-production of Will - Plaint cannot be rejected on the ground of non production of Will as averments of plaint are germane for deciding the application - Such issue can be examined in better way while deciding civil suit finally...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without claiming further or consequential relief - Relevant only at the time of final adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has made out a cause of action on perusal of plaint averments - Even, defendant in his application filed U.O.7.R.11 CPC, has also encapsulated averments made in plaint - Plaint cannot be rejected on that score...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Suit for declaration that cheque was issued as a security - Plaintiff cannot be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law - Plaint is liable to be rejected..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
