Civil Procedure Code, 1908, Section 2(2), 96, Order 7, Rule 11 -- Rejection of plaint under Order 7 Rule 11__ Amounts to a decree - Appealable. Order rejecting the plaint under Order 7 Rule 11 Civil Procedure Code amounts to a decree under Section 2(2) and there is a right of appeal open to the plaintiff...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Future mesne profits - Cannot be asked for in the plaint itself - Can be sought by petition U/O.20.R.12 - Appeal is continuation of suit and relief sought can be granted - Must be incorporated in the decree that becomes final - If not included, relief can be sought only by a separate suit...........
Civil Procedure Code, 1908, Order 8, Rule 6(3) -- Claim for set-off - Written statement to be treated plaint - Court fee payable ad valorem on the amount of set-off claimed...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Permission to sue in representative capacity - To find the interest of the plaintiff in the suit court is not restricted to allegations in the plaint and can go into all relevant facts...........
Civil Procedure Code, 1908, Section 80 -- Notice stating that attached draft plaint be treated as notice - Not proved that draft plaint is identical to suit plain - Not valid notice...........
Civil Procedure Code, 1908, Section 115 -- Revisio - Whether proper Court - fee paid on a plaint - Primarily a question between plaintiff and State - Defendant has no right to move superior Courts by appeal or in revisio, Court Fees Act (7 of 1870). Whether proper Court-fee is paid on a plaint is primarily a question between the plaintiff and the State. The jurisdiction in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Suit allotted by a Chief Judge to other Judge - Beyond jurisdiction of later - order of return of plaint to present in a proper court is illegal - Plaint should be sent to the Chief Judge...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- The plaintiff can always abandon a part of his claim at his sweet will to bring the suit within the Court fee already paid. No question of rejecting that part of the plaint arises...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Suit by owner in possession of property for permanent injunction restraining defendant from interfering with his possessio, Covered by Order 3 i rule 2 - Word "injury" envisages an act which is contrary to law - Temporary injunction during pendency of suit - Appeal against - Competent. If the posses ion of an..........
Civil Procedure Code, 1908, Order 4, Rule 1 -- Plaintiff signed the plaint and present in Court at the time of presentation - Suit properly filed. Where the plaintiff had signed the plaint and was present in Court at the time of the presentation of the plaint, held, it cannot be said that the suit had not been properly filed...........
