Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contradictory statements made in plaint collapses substratum of plaintiff's case - To reiterate once plaintiff acknowledges that suit schedule property is self acquired property of respondent No.1 and respondent No.1 had absolute ownership of property, plaintiff cannot subsequently plead that very same..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Consists of bundle of material facts which are necessary for plaintiff to prove in order to entitle the plaintiff to the relief claimed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Averments made in plaint must be read in its entirely and not in isolation and must be held to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Must include some act done by defendant which leads plaintiff to file a suit and includes all the material facts on which cause of action is found...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC may be pressed into service where a plaint is manifestly vexatious and meritless in not disclosing a clear right to sue...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - An inference of fact from the recitals or contents of document is a question of fact - But legal effect of term of a document is a question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - When there is mis-construction of a document or wrong application of principle of law in constructing a document, it gives raise to question of law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When the dispute arises with regard to identification of property and to note down the physical features, trial Court can get report of an Advocate Commissioner by appointing him and providing an opportunity to parties to cross-examine Advocate Commissioner and also Mandal Surveyor and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without deciding application for additional evidence, has decided the main appeal itself, which is a patent error - Impugned order set aside - Matter remitted back to lower appellate Court for fresh disposal of application...........
