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..........
Defamation -- Suit for damages - Alleged defamation is based on a complaint given by defendant to competent authority accusing the plaintiff, who is an Advocate of misconduct - Complaint was enquired into and was ultimately closed on the ground that documents were available in Court records - Mere fact that complaint was closed does not by itself, show that complaint was..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Documents are the foundation of litigation...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- VRO attended Court instead of Tehsildar and stated that documents are not available - Thereafter matter was adjourned for production of documents - Ultimately Court closed the evidence on the premise that suit is an old matter - Merely because it is an old matter, Court should not have closed the evidence, more particularly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application for rejection of plaint and production of documents - Court is entitled to proceed with O.7.R.11 CPC application without compelling production of additional documents at that stage - If, on conclusion of hearing application U.O.7.R.11 CPC, suit survives,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
