Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for compliance of compromise and permanent injunction - Civil Court has jurisdiction to try suit for compliance of compromise arrived at between parties - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is a mixed question of law and fact - Plaint cannot be rejected...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Maintainability - Husband has not filed application U.O.9.R.13 CPC on the ground of non-service of summons on him - Therefore, O.9.R.13 Second Proviso CPC is not attracted - Reliance on second proviso by wife is thus found to be misconceived -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 28 -- Ex parte divorce decree - Setting aside - In view of S.21 of Hindu Marriage Act, applicability of provisions of O.9.R.13 CPC cannot be ousted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Limitation - No period of limitation is prescribed either in CPC or in Limitation Act for making an application for amendment of pleadings - O.6.R.17 CPC permits a party to alter or amend his pleadings at any stage of the proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Courts are endowed with large discretionary jurisdiction in considering amendment of pleadings in written statement which would even permit adding a new ground of defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Original written statement itself disputed the title of plaintiff over suit property - Specific averment in written statement that plaintiff ought to have asked for a declaration cannot be said to be something that amounted to new defence or debarring plaintiff from the advantage of relying on..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Writ jurisdiction - High Court cannot invoke its supervisory jurisdiction u/art 227 of Constitution to entertain a prayer for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejecting plaint where substantial factual disputes exist concerning limitation and scope of authority under Power of Attorney, is legally unsustainable...........
