Civil Procedure Code, 1908, Order 7, Rule 11(d) -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Relief of specific performance added by way of amendment of plaint - Suit for specific performance is deemed to be filed on the day amendment is allowed and not on the date of filing of original plaint - Suit barred by limitation - Plaint rejected - Lower appellate Court remanded..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Section 17 -- Rejection of plaint - Respective plaintiffs had knowledge with respect to the transaction in the year 1999 and even in the year 2004, when RTS Appeals were preferred challenging the Mutation Entries in favour of defendants and even with respect to the alleged forgery in the year 2004 when..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Courts should encourage interrogatories to be administered in relevant cases...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata and constructive res judicata apply to the successive stages of the same proceeding also...........
Civil Procedure Code, 1908, Section 11 -- Principle of res Judicata - Substantive law of evidence - Held, principle of Res Judicata, enunciated u/s 11 of the Code is the substantive law of evidence which requires Courts not to duplicate its adjudication upon facts already adjudicated and hence the entire dispute between the parties must be brought before Court which tries..........
Civil Procedure Code, 1908, Section 11 -- Principle of Res Judicata - Applicability - Plaintiff did not take contentions with regard to acceptance of resignation before tribunal - Defendant herein contended that plaintiff had attended the school and accepted the acceptance of his resignation on next day, a fact which could have been refuted but was not - Decision of..........
Civil Procedure Code, 1908, Section 34(1), Rajasthan Court Fees and Suit Valuation Act, 1961, Section 6, 11(1), 20, 21 -- Appeal - Pendente lite and future interest - Court-fee thereon - Held, court fee is also payable on the amount of pendente lite and future interest awarded on the principal amount...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
