Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction of Civil Court - Application filed when evidence of plaintiff was already over and part of evidence of defendants was also complete - Issue of maintainability of suit in the present form already framed - Application at this stage could not have been entertained by Court - Only course..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - Can be those where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, Court may decide such issues with sole objective of expeditious decision...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court - Suit for cancellation of sale deed and correction of entries in revenue record - Plaintiff is seeking relief mainly for cancellation of sale deed - Sale deed can only be cancelled by civil Court after adducing evidences by parties - Court below already framed issues regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - No illusory cause of action created by clever drafting by reading the plaint holistically - Order rejecting plaint set aside...........
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..........
