Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question were not in existence at the time of filing of petition - Cross-examination not yet commenced - Court finds no reason for debarring plaintiff from filing additional documents in support of his claim - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 3 -- Rejection of plaint - Barred by limitation - Once limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges Court to dismiss suit as barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Pronouncement - Commercial dispute - Merely because O.20.R.1 CPC enjoins a duty upon commercial Courts to provide copies of judgment that does not mean that parties can shirk away all responsibility of endeavoring to procure certified copies thereof in their own capacity...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 3 -- Rejection of plaint - Barred by limitation - Once limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges Court to dismiss suit as barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Copyright infringement - Rejection of the Suit - Whether the High Court erred in setting aside the order of the Commercial Court and thus rejecting the application under O.7.R.11 CPC? - The question pertaining to ascertaining the true nature of the `Proprietary Engineering..........
