Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Once written statement was filed, it amounted to..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Issues were framed and trial Court proceeded with case..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Civil Procedure Code, 1908, Section 96 -- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar for it to make findings/observations..........
Civil Procedure Code, 1908, Order 14, Rule 1, 5 -- Preliminary issue - Additional issues as framed by trial Court are mixed issues of law and fact, which can be decided after recording evidence of parties of suit - Said issues cannot be tried as preliminary issues...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court - Compliance of O.41.R.31 CPC - All issues framed by trial Court duly adverted to in appeal, which is substantial compliance of mandate of O.41.R.31 CPC, even though differently worded points for determination have not been framed by First Appellate Court - Moreover, judgment of first Appellate Court is..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 CPC projects only stay of trial of suit in which matter in issue is also directly and substantially in issue in previously instituted suit between same parties - Provision does not prevent or bar Court from passing incidental orders required to meet ends of justice - Thus, any incidental orders not affecting..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way independent claim - High..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Limitation is mixed question of law and fact - However, it does not mean that in every case, it is question involving disputed facts - There may be a case where issue of limitation may not necessarily depend on facts, which are disputed requiring trial, else otherwise, plaint could..........
