Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - The aspects whether there is continuing cause of action or whether it is a construction contract or whether time was essence of contract etc. cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance filed by plaintiffs regarding land which was going to be allotted in acquisition proceedings as a compensation - Provision of S.42 of Rajasthan Tenancy Act is not applicable in the proceedings - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Hindu Marriage Act, 1955, Section 13, 2(2), Civil Procedure Code, 1908, Order 7, Rule 11 -- Divorce petition - Rejection of plaint - Marriage was solemnised as per Hindu rites as parties belong to Scheduled Tribe - Marriage being out of purview of the Act, in the light of S.2(2) of Act of 1955, are thus governed only by their customs and usage - Petition is barred u/s 2(2)..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in plaint only are to be seen and neither contents of application filed U.O.7.R.11 CPC nor any defence of defendant can be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of registered sale deed - Plaintiff by way of amendment proposed to value the suit and proposed to pay Court fee - If the amendment is allowed wrong committed by counsel of plaintiff and Court would also be rectified - By way of proposed amendment nature of suit, cause of action or..........
