Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action whether disclosed or not in plaint - Hair-split technicalities should be avoided and intention of plaintiff should be gathered from tenor and terms of pleadings in totality...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As -- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25(d) -- Court fee - Suit for cancellation of release deed and gift deed - Plaintiff not a party to documents - It is S.25(d) and not S.40 of the Act which is applicable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - When plaintiff fails to project patent illegality in findings recorded by Courts below, it cannot be said that there exists substantial question of law...........
Hindu Law -- Joint Hindu Family Property - Plea that property was purchased from the funds provided by Sadhu Ram or by defendants No.1 to 5 - It was thus duty of Sadhu Ram or defendants No.1 to 5 to prove that property was purchased exclusively from the funds of Sadhu Ram and that plaintiff had not contributed anything towards the purchase consideration of the property,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102 -- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Nothing on record to prove that consent of natural mother of adoptee was taken - No evidence on record that ceremony of giving and taking was performed - In the absence of giving and taking ceremony, adoption cannot be said to be valid - Even no evidence on record to prove that adoptee..........
