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..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Parties cannot lead evidence without support of plea...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Material available on record found that plaintiffs having no prima facie case, balance of convenience and irreparable loss in their favour - However, there is a sale deed executed by original owner in favour of defendant no.1 and thereafter another sale deed in favour of defendant no.3 on the basis..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Bill of lading - Its application confined only port to port - Theft occurred not during course of transit but after consignment was taken over by the agent i.e. the bailee from the destination port - Confinement of jurisdiction with U.S. Court under the bill of lading has no..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Provision of O.26.R.9 CPC is not meant to collect evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons on an adult member of family of defendant - No specific order of Court for this purpose is required - Court is also not required to conclude that defendant cannot be found at his residence within a reasonable time...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Notice issued on official address, where a person is working, if returned with endorsement of refusal to accept, presumption of duly service of notice cannot be drawn - Necessary demarcation is required to be carved out in between personal address and official address...........
