Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3) -- Production of documents - At the stage of examination-in-chief - Documents are relevant and indispensable for proving the case of plaintiff - Plaintiff had already produced photocopy of document at threshold, so defendants had due notice of the same - Merely because plaintiff did not file a formal application..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing necessary issues and after taking..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application for rejection of plaint, Court is not competent to go into correctness or otherwise of allegations contained in plaint - Plaint can be rejected if from bare perusal of statement in the plaint without any addition or substitution it appears to be barred by law or it does not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Claiming title over disputed plot on the strength of patta issued by Gram Panchayat - Contention that Gram Panchayat had no jurisdiction to issue patta of disputed land, is a mixed question of fact and law and can be decided by trial Court on the basis of evidence of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Limitation is mixed question of fact and law - Said question is to be decided by Court only at time of trial - Plaint cannot be rejected on ground that it is barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Averments made in plaint only are relevant - Averments made in plaint prima facie do not show that they are vexatious or meritless - Contentious issues existed which are to be decided after recording evidence of parties - Issue of limitation is a mixed question of law and fact and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
