Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Suit alleged to be barred U.O.23.R.3-A CPC - Civil suit challenging compromise decree passed by Revenue Court - Separate suit challenging a compromise decree is not maintainable and is barred by U.O.23.R.3-A CPC - Question of legality or validity of a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
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, Order 7, Rule 11 -- Rejection of plaint - Whenever and wherever Court finds that litigation is a frivolous and vexatious one and pleadings as made comprise of illusory facts so as to create an illusory cause of action, same deserves to be nipped in the bud...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - For considering an application U.O.7.R.10 CPC, Court has to confine itself to pleadings made in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - No objection taken as to territorial jurisdiction at first instance including at the stage of framing of issues as such said objection is deemed to have been waived - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Neither consent nor waiver can cure defect of inherent lack of jurisdiction and consent of parties cannot operate to confer jurisdiction on a Court which has no competence to try it...........
