Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Rejection of plaint - Defendant cannot ordinarily insist upon production of documents as a pre-condition to Court's power to consider an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application for rejection of plaint and production of documents - Court is entitled to proceed with O.7.R.11 CPC application without compelling production of additional documents at that stage - If, on conclusion of hearing application U.O.7.R.11 CPC, suit survives,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Application U.O.7.R.11 CPC and application U.O.11.Rr.12 to 15 CPC - If an application for production is plainly collateral to or inconsistent with limited inquiry U.O.7.R.11 CPC or if it serves only to delay the hearing of a threshold legal objection, Court may..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case on the ground of bias - General statement to the effect that concerned Court is doing favour to other side, is not sufficient for purpose of establishing any bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case on the ground of bias - Orders adverse to party cannot be the reason to doubt fairness of Presiding Officer and parties do have legal remedies to challenge the same before higher forums...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere allegation without any credible evidence cannot be taken as granted to transfer proceedings from one place to another...........
Civil Procedure Code, 1908, Section 24 -- Transfer of restoration case - Applicant/husband sought transfer of restoration proceeding filed by wife that emerged pursuant to ex-parte decree passed in suit for divorce filed by husband himself at Gonda and wife although being a lady, has not expressed any inconvenience in pursuing said proceeding at Gonda rather vehemently..........
Civil Procedure Code, 1908, Section 153 -- Amendment of execution petition - In the interest of justice amendment in execution petition is permissible...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments taken in plaint should be seen and can be considered for desired purpose - Plea taken by defendant or documents submitted by him are not required to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a party asserts possessory rights, even to an inch of land, such a claim cannot be foreclosed at the threshold - Merits must be adjudicated after evidence is led - Whether such possession is legal, illegal, established, or otherwise defective is a matter for trial and not for summary rejection..........
