Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mis-joinder of parties or mis-joinder of causes of action cannot be considered for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while considering as to whether a plaint has to be rejected or not it is entitled to see only plaint and its averments and documents filed along with it and anything extraneous to it cannot form part of consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Failure to ask an appropriate prayer in the suit is a matter for final decision in the suit and such contention cannot be an issue to be considered in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action and failure to disclose cause of action - Both are totally different - Plaint can be rejected only when it failed to disclose cause of action and not when it averred false cause of action - False cause of action is one that should meet its consequences at the end of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Promissory estoppel being a rule of evidence in terms of Ss.115 to 117 of Evidence Act, may fall for consideration in the trial of suit and is not a bar under law for instituting the suit itself...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court can entertain second appeal purely on a substantial question of law not even a question of law or a question of fact...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If no substantial question of law arose in the case then appeal could not have been entertained and ought to have been dismissed at the stage of admission...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed appeal in the absence of framing any substantial question of law that too at the admission stage without issuance of notice to other plaintiffs and by hearing only plaintiff no.2 who was only caveat - Said errors are compounded by fact that a sum of Rs.50,000 cost..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Issue of territorial jurisdiction of Court was not raised at the earliest possible opportunity - Objection filed at the stage when suit was posted for evidence of plaintiff - No case that non-consideration of issue of territorial jurisdiction would result in failure of jurisdiction as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for declaration of title - Defendant admitted in his written statement about existence of structure, stairs over galli in between the house of plaintiff and defendant - He squarely supports case of plaintiff - Order rejecting application is proper...........
