Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Rejection of plaint - Dismissal of application - Civil Misc. Appeal U.O.43.R.1(u) CPC is not maintainable thereagainst...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 1, 7 -- Pleadings - Relief not claimed in pleadings should not be granted...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Bar of subsequent suit - Earlier suit for partition dismissed as withdrawn - Cause of action for a suit for partition is a recurring one and where partition suit is dismissed, it does not bar filing of a subsequent suit, as even after dismissal of former..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - Application U.O.7.R.11 CPC filed - Application U.O.7.R.11 CPC is independent of filing of written statement - There is no embargo to file written statement before adjudication of O.7.R.11 CPC application - Provision of O.8.R.1 CPC cannot be ignored or else under..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Issuance of summons - At the stage of issuance of summons it is open to Court to examine whether suit is barred by O.7.R.10 or O.7.R.11 CPC...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
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...........
