Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC is not meant to be exercised on the basis of subsequent events unless such events completely extinguish cause of action or render proceedings inherently void...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law to mould the relief...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Court is empowered to take notice of subsequent events - Object of taking notice of subsequent events is to shorten the litigation and to do substantial justice...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Court can take notice of subsequent events - In case subsequent events are disputed the same ordinarily require trial - However, when subsequent events bring out an admitted or categorical position they can be used to pass appropriate orders on the basis of such admitted subsequent events/facts...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Appeal is in continuation of the suit - Appellate court may take into consideration subsequent events with a view to mould the relief...........
Civil Procedure Code, 1908, Order 7, Rule 7, Limitation Act, 1963, Article 59 -- Cause of action to file suit - Suit filed by daughters challenging sale deed executed by their father and brother in 1975 - Father impleaded as dependent no. 1 - Father not absolute owner, had life estate in property - Sons and daughters to inherit property after death of father - Father died..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Suit for declaration and permanent injunction - Limitation - Cause of action arose on 13.11.1986 and suit filed in the year 1991 - Nowhere in body of plaint, plaintiff has chosen to explain subsequent events providing for a cause of action subsequent to 13.11.1986 - Suit is barred by time - Trial Court dismissed suit -..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Court can take notice of events taking place after institution of suit and can suitably mould and grant relief according to changed circumstances...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Can be taken into consideration for moulding relief according to changed circumstances...........
