Civil Procedure Code, 1908, Order 7, Rule 10 -- Joint application U.O.7.Rr.10 & 11 CPC - As far as prayer concerning application U.O.7.R.10 CPC is concerned, the same not considered by trial Court - Matter remanded to trial Court to consider and decide the issue of territorial jurisdiction of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Counter claim - Counter claim shall not exceed pecuniary jurisdiction of Court as per O.8.R.6-A CPC - However, there is no bar to Civil Judge Senior Division to entertain counter claim which is within its pecuniary jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Suit and execution proceedings referred to in O.21.R.29 CPC should simultaneously be pending before very same Court and not before two different Courts which are not of co-ordinate jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Lack of jurisdiction - Where Court has inherent lack of jurisdiction to entertain suit, it cannot return the plaint granting liberty to plaintiff to represent the suit before competent Court, but has to dismiss the suit for want of jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Lack of jurisdiction - From the date of constitution of Family Court covering an area, any dispute between husband and wife concerning property owned by them or by any of them, Family Court alone shall have jurisdiction to decide and District Court or Subordinate civil..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Mistake/error committed by Court - Correction on the basis of principle of restitution - Any undeserved or unfair advantage gained by a party invoking jurisdiction of Court must be neutralized, as institution of litigation cannot be permitted to confer any advantage on a suitor by act of Court...........
Civil Procedure Code, 1908, Section 16(c), 20 -- Jurisdiction - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC...........
Civil Procedure Code, 1908, Section 16(c) -- Jurisdiction of Court - Mortgage suit - Court in whose jurisdiction property is situated has jurisdiction to entertain mortgage suit as per S.16(c) CPC - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC - When a Court lacks jurisdiction parties cannot by their agreement confer the same, as..........
