Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaintiff has filed the suit not only for cancellation of sale deed but also sought to declare said sale deeds not binding on him apart from seeking perpetual injunction - However, trial Court rejected the plaint in part only to the extent of relief of cancellation of sale deeds..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Bar U.O.2.R.2 CPC - Relief claimed in the subsequent suit on the basis of Will was not available to plaintiff at the time of filing of previous suit of perpetual injunction - At the time of filing of earlier suit, plaintiff was not even aware of said Will - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit is barred by S.206 of U.P Revenue Code - Jurisdiction of civil Court to entertain a suit for injunction is neither expressly barred nor by implication in any of clauses of S.206 of U.P. Revenue Code - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction was filed - At that stage cause of action to file suit for specific performance had not arisen - Plea that suit for specific performance is barred U.O.2.R.2 CPC deserves to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
