Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After framing of issues - Amendment sought to challenge the Will - Will in question came to knowledge of plaintiff only after written statement was filed - Proposed amendment would be necessary for determining real question in controversy - Application allowed subject to payment of Rs.30,000/- as costs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of First Commissioner is on record - Application for appointing second commissioner without setting aside report of First Commissioner is not maintainable - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court is required to see conduct of party even while deciding an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant refused to accept the summons - Summons were affixed on the premises where defendant was residing - There is thus, valid service of summons upon defendant - Application U.O.9.R.13 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Title suit - Plaintiff is praying for admitting document in evidence to show that there was a criminal case between parties due to dispute relating to suit land and a proceeding u/ss 144, 145 Cr.P.C had also been initiated involving suit property - Documents are certified copies and its authenticity..........
Civil Procedure Code, 1908, Section 25 -- Petition by wife for transfer of matrimonial case from Mangaluru (Karnataka) to Mumbai - Wife permanent resident of Canada and she must be traveling abroad regularly - No child born out of wedlock to be taken care of - Both the parties are well educated and engaged in their own jobs and professions - Wife can travel to Mangaluru to..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
