Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - An illusion in the plaint can certainly be unravelled and exposed by the Court, while dealing with an application U.O.7.R.11 CPC ...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No triable cause of action to file the suit even if plea of fraud is considered - Plaint rejected...........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 10 -- CPC for return on plaint on ground of jurisdiction - Dismissal of application U ,O. 7 ,R. 10 - Revision against - Held, not maintainable...........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Suit by Company - Plaint has to be signed and verified by a person - Plaintiff is required to prove that person who filed the suit was competent and duly authorized by the company to sign the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - No explanation as to why plea which was sought to be added through amendment could not be taken in the original plaint - Petition dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Copyright Act, 1957, Section 62(2) -- Territorial jurisdiction - Infringement of copyright - Rejection of plaint - Validity of - Appellants/plaintiffs allege that defendants/respondents are selling the impugned goods in Delhi - Appellants/plaintiffs carry on business in Delhi as per the case of appellants in the plaint - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Written statement to amended plaint - Defendant has right to raise even new plea in written statement to amended plaint, even if the new plea does not pertain to amended part of the plaint...........
Trusts Act, 1882, Section 59, Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Trustees of Trust filing Original Petition for enforcement of their rights - In order to execute Trust, right is only to file suit and not any original petition - Trust Act contains no provision to convert original petition into a suit - Held, original petition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........
