Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is always a mixed question of facts and law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession, recovery of damages, mesne profits and injunction - Plaintiff seeks to amend the plaint to add averments challenging the documents and conveyance deed executed by DDA in favour of defendants - Amendments sought are necessary for purpose of determining real questions in controversy..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit against unregistered body - Plaint rejected holding that suit is not maintainable - Suit against unregistered body alleging it to be a sham entity having no lawful or bona fide status - Unregistered body strengthens the case of plaintiff rather having opposite effect of rendering suit not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed against four defendants - Suit even if not maintainable against one defendant, it will not have effect of rendering the same non maintainable as against the remaining three defendants - At the most name of such a party may be struck out U.O.1.R.10(2) CPC - Suit, held, maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for injunction - Title of plaintiff to suit property denied by defendant - Filing of an application for amendment of plaint seeking declaration of title in appeal - Allowing such application by appellate Court is not justified...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar under law - Suit/petition if barred by any law then plaint can be rejected and suit is not required to be dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar under law - Divorce petition - Marriage between parties had taken place according to Hindu rites and Saptapadi - Parties lived as husband and wife for more than 5 to 6 years - Defence of husband that earlier conversion of wife to Muslim religion, would bar the applicability of provisions of Hindu..........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at the appellate stage - Amendment sought to bring the subsequent development on record which is a Deed of Assignment - Proposed amendment will not cause prejudice to defendants - Deed of Assignment will have to be considered by Court if amendment is allowed - It would be open for court to observe to..........
