Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC Court is required to consider only averments/pleadings as made in plaint and not the defence as set up by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Territorial jurisdiction can always be assumed by Court when such an objection is waived by party on principles laid down in S.21 CPC - Independently of S.21 CPC, defendant may also waive objection as regards a defect in territorial jurisdiction and will be subsequently precluded from taking objection...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
