Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for damages - Court fee - Valuation put forth by plaintiff has to be tentative and cannot be disputed and where Court is unable to say what the correct valuation of the relief is, plaintiff cannot be called upon to pay the entire court fee which is yet to be ascertained - Court fee payable shall be..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for specific performance and damages of double the advance price paid was dismissed - Subsequent suit for recovery of advance paid - Cause of action in subsequent suit for refund of advance amount accrued in favour of plaintiff only when earlier suit for specific performance and damages..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit for permanent injunction, possession and damages - Civil Court have the power to entertain suit where main relief sought is that of injunction and demolition, a relief which could be granted by civil Court only - Relief of possession will be merely ancillary relief which civil..........
Limitation Act, 1963, Article 55 -- Suit for damages - Limitation - Sale deed executed by defendant in favour of plaintiff without having any title to the property - Cause of action to institute suit arose on the date of sale deed - Starting point of limitation of three years as provided under Article 55 of Limitation Act would be the date of sale deed...........
Civil Procedure Code, 1908, Section 19 -- Territorial Jurisdiction - Suit for damages - Plaintiff has option to sue a wrong doer at place within whose local limits the wrong was done or in Court within whose jurisdiction the defendant resides or carries on business or personally works for gain...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
Specific Relief Act, 1963, Section 5 -- Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on defendants - Considering that suit property has been let out by defendants to different persons from time to time - Defendants are directed to inform such tenants that they would be bound by decree if any order..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profit - Eviction suit - Plaintiff claimed damages @ Rs.1000 per day after termination of lease - No document is produced as to on what basis plaintiff can claim damages at this rate - Enquiry therefore, according to O.20.R.12 CPC ordered...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for damages - Case of intentional assault - In case of accident civil court has no jurisdiction - However if it is a case of intentional assault and not an accident then civil court has jurisdiction to try the suit - Owing to the prevailing confusion, nothing in concrete terms can be said as of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for damages for defamation - Issuance of notice by counsel on behalf of his client to another counsel or party does not constitute defamation as there is no publication of defamatory material - In suit for damages, cause of action will arise only..........
