Civil Procedure Code, 1908, Order 7, Rule 10, Specific Relief Act, 1963, Section 20 -- Return of plaint - Held, a "suit for land" is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit as a "suit for land" or not has to be determined on the averments in the plaint with reference to the reliefs..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment allowed whereby valuation changed from Rs.100/- to Rs.1,80,100/- - Effect of the amendment is that trial Court has no jurisdiction to try the suit - Trial Judge directed to proceed with the suit as per O.7.Rr.10 & 10-A CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A -- Return of plaint - Court may return plaint for presentation before proper Court at any stage of suit, even at the stage of appeal or revision - Court when follows the procedure U.O.7.R.10-A CPC for return of plaint then such an order is not appealable - No C.M.A. lies...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14 -- Return of plaint for presentation to proper Court - Power of appellate or revisional Court - Held, Court of appeal or revision may direct, after setting aside the decree passed in a suit, return of the plaint - Even if the Court had recorded findings on all issues including the issue of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 10 -- Temporary injunction - Infringement of registered trademark - Suit for permanent injunction - There were some pleadings in the main suit with regard to "Passing of action" - Trial court while exercising its powers granted temporary injunction and directed plaintiff to amend its..........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 10-A -- Suit for declaration in respect of immovable property - Filed in a Court having no jurisdiction - However, parties led their entire evidence - To avoid unnecessary expenses and delay suit transferred to Court of competent jurisdiction who shall decide the suit on the basis of pleadings, evidence and..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once plaint is returned by trial Court so far as suit in that Court is concerned comes to an end - Now it is for the plaintiff whether to presents the plaint before appropriate Court for institution of fresh suit or not...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, 11 -- Cause of action - For deciding the application U.O.7.Rr.10, 11 CPC Court is required to see the pleadings in the plaint and is not to look into the defence of the defendant except in very exceptional cases - The very fact that averments have been made that transactions and discussions were held at Ludhiana,..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for want of jurisdiction - Plaint or written statement can contain new averments which were not there in the plaint which was returned - Plaint when represented in a Court having jurisdiction then suit has to be treated as a fresh suit and it can proceed in accordance with the law from the stage of its..........
