Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can reject plaint at any stage of proceedings if it finds that conditions under Rule 11 exist - Even application by a party is not necessary...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected at any stage i.e. before admitting it or at any time thereafter or even after completion of trial but before judgment - Reliefs sought for whether can be granted or not is altogether a different question...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be deemed to be admitted...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Cause of action accrued to plaintiffs in 2007 - Period of limitation as per Art.54 of Limitation Act for filing suit for specific performance of contract expired in 2010 - Suit filed in 2011 after expiry of more than..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought at the final arguments stage to include the left out properties - In case suit continues in present form it is likely to be rejected on the ground of no, inclusion of all the properties - In order to reduce the rigours of litigation and the hardships that may be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
Court Fees Act, 1870, Section 7 -- Court Fees - Payable as per allegations in plaint and not on the basis of any defence taken by defendant either in the written statement or otherwise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought referable to suit property and in context of dispute raised in suit - Plea of limitation and relief sought by way of amendment are matters to be examined by Court after parties lead evidence - Defendants are entitled to file their written statement and to raise all the available defences..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........
