Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Whenever a fraud is alleged, neither revenue Courts are equipped nor competent to effectively adjudicate on allegations of fraud and Courts skilled and experienced to try such issues are Courts constituted under CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at the preliminary stage - Application for amendment filed at the very inception - Reliefs as prayed for pertain to same property and parties to dispute are also same - As regarding objection of non-serving of notice in terms of S.304 of Rajasthan municipalities Act, same can be raised by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint filed under wrong nomenclature - If a proceeding has been filed under wrong nomenclature, the same can be entertained by holding it to have been filed under right nomenclature - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering prayer for rejection of plaint, Court is required to see only pleadings and not defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact and not a pure question of law under which a delayed suit cannot be entertained - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Question as to whether party should or should not be allowed to amend its pleadings at the appellate stage cannot in its very nature be decided unless the appeal is first heard on merits - Appellate Court rightly passed the order directing to keep the application in abeyance and same..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Benefit of S.12(3) of the Act can not be rejected on the short ground that it was not incorporated in the plaint or was not set forth in writing before Trial Court...........
