Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Original Will permitted to be placed on record - However there is no discussion in impugned order as to why original Will was permitted to be placed on record, when testator of Will was alive and impleaded as defendant No.1 in main civil suit - This demonstrate that trial Court passed..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - If Court comes to conclusion that it has no territorial jurisdiction then Court not to decide other issues, including that U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Entirety of averments in plaint has to be taken into account for the purpose of provision of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in the matter were certainly required to be considered, on merits - High Court committed error in rejecting plaint on the ground of limitation - Order of High Court set aside - Suit restored...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Plaintiff cannot be permitted to file additional documents invoking provision of O.7.R.14 CPC when his evidence is over, that too when suit is filed in the year 2012 and case reached at the stage of defendant's evidence - Application rightly rejected...........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to decide such application before proceeding with the trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint can be filed at any stage of the proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rejection of plaint - Issue framed as to whether plaint is liable to be rejected - Said issue should be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Expression - `law' occurring in O.7.R.11(d) CPC includes judicial decisions of Supreme Court, as authoritative pronouncement of Supreme Court is law of land...........
