Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Existence of arbitration agreement - Provision of O.7.R.10 CPC has no application - Return of plaint is permissible, if the Court where the plaint is presented does not have territorial and pecuniary jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Relief - Breaking of - Suit for infringement of trade mark - Court having no jurisdiction in respect of action for passing off - Application filed for amendment of plaint whereby prayer for relief of passing off sought to be deleted - Court can entertain prayer for infringement of trademark and copyright - Segregating relief..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - It is only the plaint and the averments therein which can be looked into at the stage of consideration of application U.O.7.R.10 CPC - It is necessary to read the plaint in a meaningful manner to find out the real intention...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of consideration of the return of plaint Court to read plaint in meaningful manner to find out the real intention behind the suit - Any illusion created by clever drafting of the plaint should be buried then and there - Court can return the plaint if it has no jurisdiction to entertain and try..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, 11 -- Cause of action - Territorial Jurisdiction - Suit for recovery filed at Gurdaspur - Application for rejection of plaint for want of jurisdiction - Defendant alleging that he is residing at Faridabad and transaction had taken place there - Plaintiff having bank account at Gurdaspur - Payment through cheque made..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no territorial jurisdiction - Proper course is to return plaint for presentation to proper Court - Dismissal of suit - Impermissible...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Return of plaint - Court has power to return the plaint at any stage of suit and even at the stage of arguments...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction of Court - At the stage when case was fixed for arguments a new legislation coming into force whereby the dispute could be decided by Tribunal - Court has power to return the plaint at any stage of suit and even at the stage of arguments - Plaint ordered to be returned to be presented in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Entire cause of action arose at place `B' - Suit filed at place `K' - Held, plaint rightly returned to be filed at place `B'...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Plaint averments are only to be considered for deciding an application U.O.7.Rr.10, 11 CPC - Defendant cannot take advantage of averments in the written statement...........
