Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule -- Rejection of plaint - Dismissal of application - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised at any stage by trial Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed question cannot be contested in application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that construction is raised by his brother who is not a party to the litigation - Contention of defendant now that if construction is not completed he will suffer hardship not tenable and cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction of Civil Court - Application filed when evidence of plaintiff was already over and part of evidence of defendants was also complete - Issue of maintainability of suit in the present form already framed - Application at this stage could not have been entertained by Court - Only course..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Time barred relief - It is a mixed question of law and fact and same can be decided during course of trial after framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Relief of restoration of possession - Dispossession during pendency of suit - Amendment is based upon subsequent event - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Amendment of correction of paragraph numbers - Amendment is corrective and formal in nature - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Relief of restoration of possession - Amendment sought to pay Ad Valorem Court fee - Amendment allowed...........
