Civil Procedure Code, 1908, Order 7, Rule 1 -- Suit filed without referring the dispute for arbitration as stipulated in the contract of policy of insurance - Held, if there is no dispute with regard to the quantum of money, the suit is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 14, 15, Civil Procedure Code, 1908, Order 7, Rule 1 -- Institution of suit by competent authority-Plaintiff failed to prove on record any authorisation or permission to institute or sign and verify the pleadings-Suit liable to be dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 1(J) -- No previous litigation between the parties - Not mentioned in plaint - Failure to comply with the provision - Plaintiff should be afforded an opportunity to amend the plaint or make up the lacuna and only on the failure of the compliance of the of Court, further steps should be taken.;..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief - Pleadings regarding relief claimed must be precise - If claim is for interest applicable to commercial transactions, same must be specified citing grounds for claim - Where relief of interest claimed is mentioned only as `interest' Court can grant interest at only normal..........
Civil Procedure Code, 1908, Section 104, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Territorial jurisdiction - Plaint returned to be presented to proper Court of territorial jurisdiction - Order is appealable - Revision filed against such order is liable to be dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 1 -- It is obligatory for the Court to ascertain from the averments in the plaint as to when the cause of action arose for the suit - Court can assume jurisdiction only when the claim is within limitation from the date when the cause of action arose according to law - Court cannot solely be guided by admission or denial of the..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A, Civil Procedure Code, 1908, Order 43, Rule 1 -- Return of plaint - When procedure followed as laid down in O.7 R.10A then the order is not appealable...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 1 -- Suit for recovery of money - Suit filed after expiry of limitation - Plaint not containing any pleading that there was a document of confirmation executed within limitation of suit which extends limitation - In absence of such pleading, suit has to be treated as time barred...........
Limitation Act, 1963, Article 26, Civil Procedure Code, 1908, Order 7, Rule 1, 2 -- Bahi entry - Amount taken on 20.7.1971 and agreed to return on 3.9.1971 - Bahi entry neither amounts to promissory note nor to Bond - Limitation is 3 years - cause of action accrues on 3.9.1971 the day on which the amount was promised to be returned - limitation starts to run from 3.9.1971...........
Civil Procedure Code, 1908, Order 7, Rule 1(d), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 32, Rule 3 -- Pre-emption suit against vendees - Vendees minors when suit filed - Non-disclosure of minority of defendants in plaint - Not fatal to suit - Application for making appointment of a guardian at litem - Can be made after expiry of..........
