Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Mere asking for production of a document cannot and should not be accepted by Court - Plaintiff ought to have pleaded relevancy of documents in application...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - While considering an application moved U.O.7.R.14 CPC, Court should consider the stage of trial, exceptional circumstances indicated in application and relevancy of documents...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Provisions U.O.7.R.14(3) CPC are not hollow formality but rule of Court is essential...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition - Ownership of title of property is not a subject matter before Rent Tribunal and admittedly petitioner is a tenant - Petitioner is not concerned with distribution of shares between brothers who are landlords, therefore, petitioner cannot get any undue advantage for the same - Since,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
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 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 counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
