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 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of defendant struck off by trial Court primarily on the ground of non-deposit of rent within stipulated time - However, certain foundational aspects such as determination of first date of hearing and issue of proper service and opportunity were neither conclusively determined nor adequately..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
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 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
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, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment - Mere delay in isolation may not be fatal, but its impact cannot be overlooked where proposed amendment seeks to withdraw clear admissions and fundamentally alter stand earlier set up - In such circumstances, delay assumes a material character, particularly when no..........
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...........
