Civil Procedure Code, 1908, Order 7, Rule 10 -- Exparte decree passed by Court at Madras - Suit filed in a Court at Hyderabad to set aside the exparte decree being obtained by playing fraud on the Madras Court - At the threshold itself it is not desirable to hold that Court at Hyderabad has no jurisdiction to try and dispose of the suit - Had it been a petition U.O.9.R.13..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Lack of jurisdiction - Issues already framed - Held, framing of issues cannot come in way of considering application...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A -- Return of plaint on ground of lack of jurisdiction - Held, it is mandatory for the Court to specify the Court in which the suit should have been instituted on the plaint itself while returning the same...........
Civil Procedure Code, 1908, Section 91, Order 7, Rule 4, Civil Procedure Code, 1908, Order 7, Rule 10 -- Permission to bring suit in a representative capacity - Plaint returned for lack of jurisdiction - Held, before returning plaint Court to decide application filed u/s 91 CPC after having satisfied the requirement of O.7.R.4 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8(2), Civil Procedure Code, 1908, Order 7, Rule 10-A -- Suit filed at Gurgaon - Plaint returned to be presented to Court at Palwal as Gurgaon Court did not have the territorial jurisdiction - Held, it is not necessary for the Court at Palwal to follow the procedure of O.1.R.8(2) of the Code again when it had been followed by the..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for presentation to proper Court - Jurisdiction can be exercised at any stage of suit...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Request for return of plaint on ground of lack of jurisdiction - Suit for partition - Jurisdiction of Court depending upon ownership of property which can be decided only on recording of evidence - Held, plaint cannot be returned...........
Civil Procedure Code, 1908, Section 153, Order 22, Rule 3, 4, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit filed in the name of a dead person or a firm which has already been dissolved - Such a suit is not maintainable in law and ought to be dismissed at the threshold on..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction of Court is determined on the allegations made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint returned for presentation before a Court having pecuniary jurisdiction - Plaint presented before a competent Court with amendments and also seeking a further relief without disclosing cause of action therefor - Plaintiff free to make all necessary amendments in plaint..........
