Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arguable and attractive submissions for maintainability of suit would not come within sweep of O.7.R.11(a), (b) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plea of limitation is a mixed question of facts and law - Plaint is not liable to be rejected U.O.7.R.11(d) CPC on plea of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - All the claimed reliefs cannot be prima facie termed to be barred by limitation - Plaint cannot be rejected in part - Application rightly rejected...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction, when plaintiff was entitled to sue for specific performance, withdrawn without seeking any liberty to pursue subsequent suit for specific performance - Subsequent suit for specific performance is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Non-filing of written statement - Merely because a party did not lead evidence or merely because party did not file a written statement, proceeding are not to be decreed automatically - There has to be finding and an application of mind by trial Court as to whether party despite not filing her written statement nor leading..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Examination of plaintiff, who is 80 years lady, through her special power of attorney but at the same time she is directed to appear in person for the purpose of cross examination - In case special power of attorney is unable to answer any question, which is in the specific knowledge of plaintiff then it is..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - In the garb of rebuttal evidence plaintiff cannot reopen his affirmative evidence...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Cannot be used as a device to fill up omissions or lacunae left in his affirmative evidence...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Courts possess jurisdiction to mould relief so as to do complete justice between parties...........
