Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Matter is to be decided only on averments made in plaint - At this stage, pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If allegations are vexatious and meritless and not disclosing clear right or material to sue, duty of trial Judge is to exercise power under O.7.R.11 CPC - And if clever drafting created illusion of cause of action, it should be nipped in bud at first hearing by examining parties under O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Incorporation by Reference - Where document is sued upon and its terms are not set out in plaint but referred to in plaint, said document gets incorporated by reference in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Rejection of plaint upheld for the reasons of non compliance with provisions of O.7.Rr.11, 14(1) and 14(2) , Form Nos.47 & 48 in Appendix A of the Code which are statutory in nature not comlied and absence of any cause of action...........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Extension of time - Court is empowered to accept the deficient Court fee even beyond the period of limitation prescribed for filing of a suit, if plaint is otherwise filed within the period of limitation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Held, merely because appellants/plaintiffs have claimed a specific relief of temporary injunction, which is also one of the relief(s) claimed in the plaint, it would not automatically follow that grant of such relief would be in the nature of final relief - Court has to go through the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was filed and not the day on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Declaratory suit - Instant amendment application has been filed to bring on record certain subsequent events that have occurred according to plaintiff after filing of the suit - In the suit plaintiff has already prayed for declaration but the prayer for recovery of possession according to plaintiff became..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Ordinarily a suit or an original proceeding is to be tried in all its stages on the cause of action as it existed on the date of its commencement - The exception to this rule may be summarized in the manner following - (i) Where it is shown that the original relief claimed has, by reason of subsequent..........
Civil Procedure Code, 1908, Section 16 -- Territorial jurisdiction - Part of cause of action - Plaintiff is residing at Calcutta - Plaintiffs applied for the shares and paid consideration for acquiring such shares at Calcutta - Said shares were purchased from a stock broker having its office at Lalbazar Street, at Calcutta and after purchasing the said shares they were..........
