Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - If Court comes to conclusion that it has no territorial jurisdiction then Court not to decide other issues, including that U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Civil Procedure Code, 1908, Section 15, 151, Order 7, Rule 10 -- Jurisdiction of Court - Excess valuation of suit to make it come under jurisdiction of Court concerned - Plaintiff is true dominus litius and no prejudice is caused to defendant due to valuation as forum chosen shall be equally available to both the parties - Even otherwise, objection regarding excess..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Notice issued to Chief Secretary of State - Suit instituted against State represented by its Chief Secretary - Collector even if necessary party and not arrayed as a party, the same is not per se a ground to return plaint...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Rejection of plaint and striking out name of parties - Once it is recognized that a probability exists for enquiry into the question whether a defendant is necessary or not in scheme of plaint as pleaded, the issue must be decided at trial and not in an application for..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return the plaint to..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied after hearing of parties that no urgent or immediate relief may be granted...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Non-compliance of S.80 CPC - When leave is granted to institute a Suit and urgency is determined, Court only hears plaintiff - However, after grant of leave, whether urgent and immediate relief is to be granted or not, is a question which is decided after hearing both the sides - Therefore, only..........
