Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was duly served and even filed written statement - He thus, cannot be allowed to plead that he was not aware of ex parte decree - Merely because defendant sold or had agreed to sell property in dispute to third party, who had asked defendant to take care of litigation, cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Defendant was duly served and even filed written statement - Limitation for moving application for setting aside ex parte decree U.O.9.R.13 CPC thus, to commence from date of ex parte decree and not from the date of alleged knowledge...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without seeking liberty to file fresh suit - Plaintiff abandoned his prayer with respect to declaratory relief - Plaintiff cannot maintain present suit seeking same relief without seeking permission to file fresh one at the time of withdrawal of earlier suit abandoning his claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Main relief abandoned in the previously instituted suit without seeking permission to file fresh suit - Prayer in the subsequent suit stemming out from the relief earlier abandoned - Plaintiff cannot maintain subsequent suit for consequential relief...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for damages - Malicious prosecution - Cause of action accrues after decision of civil suit - Present suit filed within a period of one year from decision of earlier suit is not barred by time - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Second application - Maintainability - Subsequent application seeking leave to deliver interrogatories was filed on a changed cause of action - It cannot be said that plaintiff is barred from making a second application on a subsequent cause of action...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Law as to : (i) Interrogatories have to be confined to facts relevant to matters in question in suit - A Court of law will not allow a party to go on a fishing expedition or embark on a roving inquiry in the garb of interrogatories; (ii) Court cannot allow a party to ask questions in interrogatories which..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC, contents of plaint and documents appended thereto are relevant and it is duty of Court to find out clear right to sue and limitation - If on the basis of averments in plaint, it is manifest that suit is barred by limitation, Court need..........
