Civil Procedure Code, 1908, Section 97, Order 7, Rule 7 -- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by defendant to warrant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment a party - Applicant was purchaser of suit land - Patta of plaintiff was revoked on applicant's objection with a direction to get decided the issue of ownership from competent Court - Trial Court was of view that applicant was entitled to be impleaded to enable it effectually and completely determine and settle all..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Issues are not to be framed on every plea taken in pleadings and have to be framed only on substantial pleas which in the event of proving have a chance of succeeding...........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rebuttal evidence - Non framing of necessary and proper issues - Trial Court directed to frame three additional issues - Plaintiff to lead evidence in affirmative on issue on which onus to prove is on him and defendant to lead evidence on two other issues, the onus of which is on..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Section 11 -- Plea of res judicata - At the appellate stage - Issue as to res judicata was not struck between parties and both the parties argued the matter based upon pleadings and judgment contained in two suits - It is only after full arguments on both sides that trial Court accepted respondent's plea of res judicata - Even before appellate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit raises an issue which is different from that contained in earlier suit filed by same party - More so, earlier suit declared valid a transaction which is prohibited by law - Such erroneous earlier judgment cannot operate as res judicata...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of limitation sought by way of amendment - Amendment application rejected by Court below only on ground that question of limitation is purely a legal plea and Court is duty bound to consider the same even otherwise - Further, Court below observed that only material facts has to be pleaded..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
