Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit property is an agricultural land - No material is placed with application filed for appointment of advocate commissioner - Evidence of petitioners is already completed - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order passed U.O.43.R.1 CPC is not a decree - Second appeal u/s 100 CPC would not be competent against such an order...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order sought to be challenged having been passed in a miscellaneous civil appeal u/s 104(1) r/w O.43.R.1(r) CPC is not a decree - Second appeal thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Scope of O.7.R.11 CPC is limited to defects apparent from the plaint itself and intent behind it is to prevent misuse of legal process with a view to ensure that only genuine disputes proceed to trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Rajasthan Panchayati Raj Act, 1994, Section 97 -- Revision - Decree of permanent injunction passed by civil Court cannot be interfered with by way of initiating proceedings u/s 97 of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 7, Rule 10 -- Rejection/return of plaint - Jurisdiction of Court - Infringement of trade mark - Suit filed at the place where plaintiff resides and has his principal place of business - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
