Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Commission of fraud - Mere failure on the part of defendant to contest the suit by entering appearance, cannot be held that he is deemed to have admitted the fact made in plaint - Law requires fraud to be specifically pleaded and proved and it is for plaintiff to establish commission of fraud independently...........
Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In the plaint not all the evidence with respect to allegations is to be adduced - However, a comprehensive narration of facts that constitute cause of action has to be given in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit - Banking law - There is expression of mere apprehension of plaintiffs that Negotiating Banks were in active collusion with beneficiary - No explanation or justification has been made in plaint as to how this active collusion came about or what makes the plaintiff suspect so - No cause of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Non-production of documents, relied upon, with plaint - Failure to produce document alongwith plaint or failure in entering the details of such document in the list annexed to the plaint - Not fatal to the suit at the time of its registration - Such lapse is curable upon obtaining leave of Court...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - Permissibility - Photocopies of documents filed along with plaint - Documents can be produced at or before settlement of issues ...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Eviction petition - Earlier eviction petition filed on the ground that tenant had violated the terms of lease deed and landlord requires the premises for his own use - Subsequent eviction petition sought on the ground of no, payment of rent - Cause of action in both the petitions is..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........
