Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint averments alone have to be taken into consideration along with documents filed with plaint - Pleadings of written statement or documents filed by defendant cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Marital dispute between parties - There is thus, cause of action to file divorce petition - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Both the parties are residents of USA - However, husband is claiming to be resident of place at `G' and `G' is the last place of residence of parties - Trial Court thus, has jurisdiction - Even, otherwise if trial Court lacks jurisdiction, said fact cannot be decided in an application..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court must, in each case satisfy itself that admission relied upon is complete, definite and incapable of any other interpretation before invoking said provision...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Decree holder himself need not make an application for getting decree executed - Same may be moved by some other person proved to satisfaction of Court who is well acquainted with facts of case and application contains in a tabular form, the particulars enumerated in O.21.R.11(2) Clauses (a) to Clause (j)...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Signing and verification of execution application cannot be equated with that of verification of pleading as mandated U.O.6.R.15 CPC - Application for execution of decree can be moved by signing and verifying either by decree holder or by some other person proved to satisfaction of Court to be acquainted with..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
