Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 10 -- Rejection of plaint - Non-impleadment of necessary party - Issue of no, impleadment of party has to be raised in written statement and cannot be made subject matter of filing application U.O.7.R.11 CPC unless the impleadment of party is required under any statutory enactment -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the time of registration of suit Court has no power to venture into merits of the matter or possible disputed issues...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 10, 11 -- Res judicata - Suit for injunction - Jurisdiction of Civil Court or Revenue Court - Decided in application U.O.7.R.11 CPC - Cannot be reagitated in application U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Transfer of suit to DRT - Dismissal of application - Claim of petitioner is a debt within meaning of S.2(g) of the Act - Present suit was not pending rather it was filed after Tribunal was established - Therefore, application for transfer..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Copyright violation - Territorial jurisdiction - There is no specific denial in written statement to averments in plaint, therefore, defendant deemed to have admitted such allegations - Moreover, defendants on its website admitted of its offices at New Delhi, being global company and as per its governing..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........
Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is..........
Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10 -- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere plea of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
