Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Jurisdiction cannot be conferred by consent of parties if Court is lacking pecuniary jurisdiction...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Eviction petition - Merely because a previous eviction petition on one of grounds is pending, second petition cannot be said to be barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - Where previous judgment filed by previous owner on the same ground has not been brought on record, in absence thereof it would not be appropriate to return a finding on question of res judicata...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Written statement is required to be filed within 30 days of service of notice as per provision of O.8.R.1 CPC - Said period is extendable to 90 days - One last effective opportunity to file written statement thus, granted to defendant keeping in view of conditions..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without claiming further or consequential relief - Relevant only at the time of final adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has made out a cause of action on perusal of plaint averments - Even, defendant in his application filed U.O.7.R.11 CPC, has also encapsulated averments made in plaint - Plaint cannot be rejected on that score...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Suit for declaration that cheque was issued as a security - Plaintiff cannot be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law - Plaint is liable to be rejected..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Merely because applicant is a wife, Court should not be swayed by emotions tilting towards fairer sex...........
