Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action - Mere fact that a different..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Suit filed for custody of child is not similar to earlier writ petition seeking production of corpus claimed to be in illegal detention - There is neither existence of two suits nor suit filed for custody of child covers matter involved in writ petition, nor issue..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not identical - Basic ingredient of..........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Plaintiff however, did not come to Court for claiming his ownership over suit land and challenging interference by defendant over suit land - These are proper reliefs, which only could settle controversy in relation to suit land between parties and not one raised in these proceedings - Suit rightly..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank statements and documents..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover, question of pecuniary jurisdiction..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Three conditions must exist for prohibiting Court from proceeding with trial of suit i.e: (i) where there is previously instituted suit between parties; (ii) when matter in issue is directly and substantially same in both suits; (iii) where a suit is pending between same parties or between parties under whom they or..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in both the suits is different, as previous suit is for declaration, challenging sale deeds and permanent injunction from alienating suit property, whereas subsequent suit filed for permanent injunction restraining defendants from interfering in its possession - Possession is not in dispute..........
Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9 -- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
