Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions cannot be decided at the time of considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Written statement filed and thereafter application U.O.7.R.11 CPC for rejection of plaint filed - Plea that suit is not maintainable - Order that objections raised by defendant shall be taken into consideration after recording evidence of both the parties - No error...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Agreement between parties - Ouster clause pertaining to jurisdiction - Adherence to - Held, ordinarily Court would respect arrangement/agreement entered between the parties and court is not obliged to entertain suit and would be guided by agreement entered between the parties for their..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 26Plaint -- agreement to sell - Amendment sought in plaint and agreement to sell in a suit for specific performance to the effect that Gat No.459 be read instead of Gat No.159 - Held, by way of an order on an amendment application Court cannot direct amendment in the document itself -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions cannot be decided at the time of considering application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fees - This power is conferred by legislature on the Court - This plea can be taken in written statement and the same is not available in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purposes of deciding an application U.O.7.R.11 (a) and (d) , the averments in the plaint are germane - Pleas taken by the defendant in the written statement would be wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No document is forthcoming to establish claim of petitioner over an extent of 25,620 sq.ft. by way of an amendment when original claim was in respect of only 6 cents - Held, amendment can not be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Suit filed in the year 1991 - Application for amendment filed only in 2010 - There is no proper explanation for said delay - Delay cannot be condoned...........
Medical Termination of Pregnancy Act, 1971, Section 3, 8, Medical Termination of Pregnancy Rules, 2003, Tort, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - U.O.7.R.11 CPC suit can be dismissed without trial, if to the satisfaction of Court no cause of action accrued to the plaintiff against the defendants or any of the defendants or some of the..........
