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 -- Order dismissing application U.O.26.R.9 CPC - Revision - Maintainability - Revision not maintainable against an order dismissing an application for appointment of a Local Commissioner, as an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arguable and attractive submissions for maintainability of suit would not come within sweep of O.7.R.11(a), (b) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objections as to maintainability of suit are mixed questions of fact and law and same are to be considered only on the basis of pleadings and the evidence of parties and not at the threshold on the basis of plaint allegations alone...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaintiff has filed the suit not only for cancellation of sale deed but also sought to declare said sale deeds not binding on him apart from seeking perpetual injunction - However, trial Court rejected the plaint in part only to the extent of relief of cancellation of sale deeds..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise Decree - Challenge as to - In two similar proceedings undertaken by two sets of brothers, two compromise decrees were passed and two sets of brothers received the lands in their favour - Once petitioners have reaped fruits of a decree passed on similar footings, then they cannot challenge the same on the technical..........
