Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Specific plea regarding cause action has been raised by plaintiffs - Whether said plea is factually correct or not, cannot be decided at the stage of O.7.R.11 CPC - Same definitely is a matter to be decided after evidence been led qua the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of consideration of an application U.O.7.R.11 CPC, only contents of plaint are required to be examined to determine whether or not same is barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Objection based on res judicata generally arises from pleadings contained in written statement which ordinarily cannot be considered at the stage of deciding application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Court has discretionary power U.O.1.R.10 CPC to add parties - However, such power cannot be invoked to cure a fundamental defect arising from failure to implead necessary parties when relevant information was available on record and could have been discovered with due diligence...........
