Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint to be read meaningfully and as a whole - Plaint has to be taken to be true - If upon such reading it discloses a cause of action, then application must fail and in case it does not disclose a cause of action then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage, Court is not concerned with the correctness of averments...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions between parties can be decided by executing Court and these questions are limited to execution of decree - Executing Court can never go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceeding works in different stages - If JDs have failed to take an objection and have allowed preliminary stage to come to an end and matter has moved to next stage, JDs cannot raise objection subsequently and revert back to an earlier stage of the proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata are not only applicable in respect of separate proceedings but general principle of res judicata are also applicable at subsequent stage of same proceedings and therefore same Court will be precluded to go into that question which has already been decided or deemed to have been decided by..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Last chance - Once Court grants last chance, it is not advisable to grant adjournment in the matter - This principle is applicable in full force in execution matters...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Condition that plaint contemplates an urgent interim relief is satisfied - Application U.O.7.R.11 CPC rightly rejected...........
