Civil Procedure Code, 1908, Section 149, Order 7(11)(c) - - Rejection of plaint - Deficient Court fee - No application filed by respondent/plaintiff for making good the deficient Court fee - No extension granted either u/S.149 or under Order 7 Rule 11(d) C.P.C. - Mechanical return of the plaint - Cannot be said that an order has been passed, extending the time for payment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleading - Amendment - At the instance of a defendant who is transposed as plaintiff - Not permissible - Plaint does not become the pleading of a defendant, who has been transposed as a plaintiff - Pleading of one party cannot be permitted to be amended by the other...........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Plaint - Affidavit in support of the pleadings - It fixes additional responsibility on the deponent as to the truth of the facts stated in the pleadings - An affidavit accompanying pleading shall not be evidence for the purpose of the trial...........
Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Constitution of India, 1950, Article 226 and 227 - Revisional jurisdiction - Amendment of plaint - Application for - Dismissal of application after recording reasons held to be an interim order - It will not dispose of the matter hence revision u/S.115 CPC not maintainable - Petition under Articles 226 and 227 of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Rejection of - Limitation - Question can be decided on the averments contained in the plaint itself - It suit is not filed within limitation it can be rejected even at the threshold without calling upon the defendant to deliver his defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Rejection of earlier application - Trial Court while rejecting earlier application had given liberty to plaintiff to file fresh application - Held, second application cannot be dismissed on ground of dismissal of earlier application...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Plaint - Amendment - Impleading of parties - Suit for declaration - During pendency of suit defendant agreed to sell the suit land to the proposed parties - Proposed parties are necessary parties or in any case proper parties for effectually adjudicating all questions involved..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Defendant had its office at place `C' and branch office at place `D' - Agreement took place at place `D' - Delivery of goods made to carrier at place `D' which were brought at place `S' - Court at place `S' had no territorial jurisdiction - Impugned order holding that issue as to jurisdiction will be..........
