Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Second application - Maintainability - Earlier application was neither filed on the ground of suit being barred by law nor was same rejected on the said ground - Objection in earlier application was regarding Court fees - Rejection of same would not operate as a bar to second application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Nature of document cannot be considered by Court on an application U.O.7.R.11 CPC, as same could be concluded only after consideration of defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application U.O.7.R.11 CPC can be filed at any stage of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings on record that plaintiff failed to prove its case based upon sale deed - Plea of typographical mistakes in plaint not tenable, as there was enough time for plaintiff to move appropriate application to do needful, which admittedly was not done - Findings retuned by..........
Civil Procedure Code, 1908, Order 41, Rule 17, Civil Procedure Code, 1908, Order 17, Rule 2 -- Appeal - Non-appearance of appellant - None appeared for appellants, therefore it appears that appellants must have lost their interest in prosecuting appeal - Appeal dismissed for want of prosecution U.O.41.R.17 CPC r/w O.17.R.2 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage of rebuttal evidence - Material piece of evidence having bearing on the case - Delay or lapse not a sufficient reason for disallowing the application - Application allowed subject to payment of Rs.30,000/- as costs...........
Commercial Courts Act, 2015, Section 8, 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of application U.O.7.R.11 CPC by Commercial Court - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
