Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Maintainability - There is no written contract between parties on record which is pre-requisite to maintain a summary suit U.O.37 CPC - Summary suit is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation and payment of Court fee - Plaintiff valued the suit for declaration at Rs.50 lacs on which fixed Court fees has been paid and for purpose of permanent injunction, plaintiff valued the suit for Rs.1000 and paid Court fees of Rs.120 which cannot be said to be improper at this stage - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Second application - Maintainability - Earlier application was neither filed on the ground of suit being barred by law nor was same rejected on the said ground - Objection in earlier application was regarding Court fees - Rejection of same would not operate as a bar to second application...........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction of Civil Court - Application filed when evidence of plaintiff was already over and part of evidence of defendants was also complete - Issue of maintainability of suit in the present form already framed - Application at this stage could not have been entertained by Court - Only course..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Objection regarding maintainability of suit - Mere pendency of suit for 12 years cannot be a ground to reject application raising objection with regard to maintainability of suit - Impugned order of rejection of application set aside - Matter remanded back to trial Court for deciding application afresh...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Question of maintainability of suit cannot be effectively decided while deciding an application U.O.39.Rr.1, 2 CPC, as at this stage prima facie assessment has to be made qua material on record...........
Civil Procedure Code, 1908, Section 9, Tripura Land Revenue and Land Reforms Act, 1960, Section 188 -- Suit for recovery of possession of suit land based on title - Maintainability of suit - Suit for plaintiff is not barred by S.188 of TLR & LR Act or by S.9 of CPC as contended defendant - Claim of relief of plaintiff can no way be entertained by Revenue Court and the so..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit as commercial suit - Relief in terms of lease deed - At least two prayers are in relation to immovable property to be used exclusively for trade and commerce - No occasion arises for Court to interfere with view expressed by Commercial Court that suit is maintainable as a..........
