Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Order returning plaint U.O.7.R.10 CPC is appealable U.O.43.R.1(a) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in the plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is entirely a question of fact, which has to be decided after recording evidence - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for rectification of boundary number in sale deed - Plaintiff by way of amendment sought new prayer seeking direction to contesting defendants to rectify mistake - However, plaintiff failed to seek deletion of old prayer-B where he sought for direction to Sub-Registrar to rectify defects on behalf..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Non-compliance of provision of O.39.R.3 CPC - Ex parte interim injunction granted in favour of plaintiff with condition as provided U.O.39.R.3 CPC - However, there is non-compliance of provision of O.39.R.3 CPC by plaintiff, as copy of plaint, affidavit with necessary documents were not sent to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Objections as taken by defendant are mixed question of facts and law, which cannot be decided at this stage - Plaint not liable to be rejected - Application rightly dismissed...........
