Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court is not supposed to look to the defence plea...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Amounts to a decree - Such an order is appealable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of application U.O.7.R.11 - Revision lies against such an order - However revisional Court should not pass an order rejecting a plaint while exercising jurisdiction u/s 115 CPC - Revisional Court to pass order directing Court below to correctly assess the fact by following the provisions of law...........
Civil Procedure Code, 1908, Section 24 -- Transferee Court - Decree drawn - Date of presentation of plaint to be mentioned in the decree is date on which suit was instituted in the original Court and not date on which it was received by transferee Court...........
Civil Procedure Code, 1908, Section 80(2), Order 7, Rule 11(d) -- Public Officer - Notice - When an urgent or immediate relief is sought for against a public officer in his official capacity, suit may be instituted, with the leave of the Court - If such public officer waives of his right of protection, he cannot be granted protection of bar of suit of law as contemplated..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Public Officer - Suit instituted against public officer for acts not relating to his official capacity - Acts whether done in official capacity or individual capacity can only be decided after completion of trial - Plaint cannot be rejected before completion of trial U.O.7.R.11(d)...........
Civil Procedure Code, 1908, Section 148, 151 -- Default to pay balance court fee - Suit dismissed for default - Restoration - Notice to defendant must be given - Held, when plaint is rejected, a right is vested in the defendant which cannot be set at naught without giving notice...........
Criminal Procedure Code, 1973, Section 195 -- Suit for declaration on basis of forged will filed - Copy of will produced alongwith plaint - Private complaint u/ss 467 & 471 IPC on a private complaint - Bar of S.195 Cr.P.C. does not apply as alleged forged Will had not been produced or put in evidence in Court & only its copy was filed - Complaint in writing by Court before..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Failure to file - In absence of denial of plaint averments burden of proof on the plaintiff is very heavy - Prima facie proof of relevant facts constituting cause of action would suffice and Court would grant plaintiff such relief as to which he may in law be found entitled...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section , Order 9, Rule 6, Civil Procedure Code, 1908, Section , Order 14, Rule 1, Civil Procedure Code, 1908, Section , Order 20, Rule 5 -- Suit if proceeds ex parte and in absence of a written statement - Necessity of proof by plaintiff of his case to the satisfaction of Court - Cannot be dispensed..........
