Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Separate causes of action do not act as a bar and it is upto plaintiff to either join these claims together or bring separate suit for each cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Separate causes of action do not act as a bar and it is upto plaintiff to either join these claims together or bring separate suit for each cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief which is totally beyond the pleadings cannot be granted...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When the alleged error for seeking review of judgment cannot be construed to be an error apparent on the face of record and same also does not pertain to any new evidence emerging after passing of judgment nor to evidence, matter cannot be termed to be one falling within purview/ambit of provision of O.47.R.1 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Order returning plaint U.O.7.R.10 CPC is appealable U.O.43.R.1(a) CPC...........
Civil Procedure Code, 1908, Section 115 -- Revision - Even if proper remedy is to file appeal, right of High Court to exercise its revisional jurisdiction is not taken away in appropriate cases to correct errors that comes to its notice u/s 115 CPC or Art.227 of Constitution...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in the plaint as correct...........
