Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - O.30.R.10 CPC does not in any manner debar a suit being filed against proprietor...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Suit against proprietorship firm or its proprietor representing the firm, is one and the same thing...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship is to be defended by proprietor only and not by anybody else - Once proprietor has been impleaded as a party representing proprietorship, no prejudice is caused to, rather its interest is well protected and taken care of by only and only person, who owns proprietorship - O.30.R.10 CPC..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law and can be conclusively determined only after a full-fledged trial of suit - Objection that suit is barred by limitation is untenable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Prima facie respondent/wife has put forth bundle of material facts in plaint in support of her relief for division of properties and therefore, wife established cause of action for filing the suit - Cause of action pleaded by wife in plaint is not solely based on judgment passed by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - When suit is presented before competent civil Court after rejection of plaint and competent civil Court has initiated efforts for mediation and those have failed, after such failure realising the..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Partition suit - Defendant denied that plaintiff is daughter of legally wedded wife `R' of his father - Plaintiff sought to produce sale deeds said to have been purchased by mother of plaintiff - Even if documents were taken on record, same would not prove that plaintiff is daughter of `R' and father..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Order of setting aside decree of divorce - Death of husband - Second wife of deceased husband who allegedly got married after a decree of divorce was granted, is review applicant - Since contentious issues have been raised with regard to validity of marriage of second wife, issue relating to divorce..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is necessary for an amendment applicant to set out specifically in his application, seeking leave of Court for amendment in pleadings, as to what is proposed to be omitted from or altered or substituted in or added to original pleadings...........
