Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea that there was no cause of action for suit is different from plea that plaint does not disclose cause of action - In latter case, it is duty of Court to decide question before issuing summons and reject plaint without issuing summons...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if plaint discloses cause of action in part, it cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Property in question was endowed to deity and donor did not keep any right with him - However, managerial work to be performed by one `K' and his successors - Arguments that endowment deed was never brought to its existence as no idol was installed would not attract O.7.R.11 CPC - Order rejecting plaint..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Court or a Tribunal shall not dismiss a suit or a petition without answering all issues based on evidence...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Power of appellate Court - Appellate Court can very well decide an issue which was not decided by trial Court or Tribunal so as to finally determine the suit or petition. ( Para 16)..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit - Not permissible when cause of action itself changes and nature of suit also changes...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Suit for declaration and recovery of possession sought to be withdrawn and to file a fresh suit for declaration and perpetual injunction - Cause of action itself will change and nature of suit will also change - Order permitting plaintiff to withdraw suit and granting..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Once fraud is alleged by plaintiff in reply to objection U.O.7.R.11 CPC, then allegation of fraud has to be tested in terms of O.6.R.4 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Proceedings before civil Court initiated by plaintiff not only was abuse of law but entire conduct of plaintiff is a clear reflection of fact that she has been doing so repeatedly after being a signatory to settlement arrived at between parties - High Court was absolutely justified in imposing costs of..........
